Poblah v. Goord
Appellate Division of the Supreme Court of the State of New York
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
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Ortiz v. RourkeAppellate Division of the Supreme Court of the State of New York · 1997
- Dawes v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
- Polite v. GoordAppellate Division of the Supreme Court of the State of New York · 1998