Legal Opinion

Poblah v. Goord

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

Decided December 31, 1998Published

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The detailed misbehavior report constitutes substantial evidence to support the determination that petitioner violated inmate rule 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusing to obey a direct order]; see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner’s contrary version of the incident raised a credibility issue for the Hearing Officer to resolve (see, Matter of Polite v Goord, 248 AD2d 1017). The Hearing Officer properly refused to call four witnesses requested by petitioner. There was no…

2Cases cited4 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Ortiz v. RourkeAppellate Division of the Supreme Court of the State of New York · 1997
  3. Dawes v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
  4. Polite v. GoordAppellate Division of the Supreme Court of the State of New York · 1998

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