Legal Opinion
Vann v. Costello
Appellate Division of the Supreme Court of the State of New York
Decided July 26, 2001PublishedCited by 6 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
The detailed misbehavior report, together with the testimony of its author and a second correction officer who witnessed the incident, provides substantial evidence to support the determination finding petitioner guilty of refusing a direct order (see, Matter of Zarvela v Goord, 270 AD2d 532, lv denied 95 NY2d 758). Inasmuch as the record contains no evidence…
2Cases cited4 opinions
- Vicioso v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Cliff v. De CelleAppellate Division of the Supreme Court of the State of New York · 1999
- Zarvela v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
- Booker v. RiveraAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Pettus v. WestAppellate Division of the Supreme Court of the State of New York · 2006
- Green v. RicksAppellate Division of the Supreme Court of the State of New York · 2003
- Chaney v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Reid v. SajAppellate Division of the Supreme Court of the State of New York · 2014
- REID, CEDRIC v. SAJ, GREGORYAppellate Division of the Supreme Court of the State of New York · 2014
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