Legal Opinion
Smith v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998PublishedCited by 5 opinions
1Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report, together with the author’s testimony, constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [possession of a weapon]; see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Mosley v Goord, 242 AD2d 906). The credibility of an inmate who was an eyewitness to the incident was an issue for the Hearing Officer to resolve (see, Matter of Allen v Goord, 252…
2Cases cited7 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Bryant v. CoughlinNew York Court of Appeals · 1991
- Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Allen v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Mosley v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nina v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Coleman v. SelskyAppellate Division of the Supreme Court of the State of New York · 2007
- Lamage v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
- McEwen v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Wan Zhang v. MurphyAppellate Division of the Supreme Court of the State of New York · 2003