Legal Opinion

Naut v. Goord

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

Decided December 20, 2001Published

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 certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting assault, fighting and engaging in violent conduct. We find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Kalid v Farrell, 284…

2Cases cited3 opinions

  1. Nieves v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  2. Washington v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
  3. Kalid v. FarrellAppellate Division of the Supreme Court of the State of New York · 2001

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