Legal Opinion

Allen v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1998PublishedCited by 8 opinions

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was charged in two separate misbehavior reports with violations of various inmate rules. The determination with respect to the first misbehavior report is supported by substantial evidence, namely, the report itself. Petitioner’s defense raised an issue of credibility for the *974Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615, 616). The second misbehavior report charged petitioner with inflicting bodily harm upon another inmate (7 NYCRR 270.2 [B] [1] [i]) and possessing a…

2Cases cited4 opinions

  1. Perez v. WilmotNew York Court of Appeals · 1986
  2. Carter v. KellyAppellate Division of the Supreme Court of the State of New York · 1990
  3. Gaston v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
  4. Leach v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by8 opinions

  1. Ciotoli v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Smith v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  3. Arvinger v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  4. Anderson v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  5. Elliott v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2000

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