Legal Opinion
Gainey v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2000PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
The misbehavior report and testimony of its author detailing petitioner’s admission that he participated in a fight with other inmates provides substantial evidence to support the determination which found him guilty of fighting (see, Matter of Faulkner v Goord, 245 AD2d 935; Matter of Emmons v Selsky, 238 AD2d 651). Petitioner’s denial of having made the…
2Cases cited5 opinions
- Carini v. MannAppellate Division of the Supreme Court of the State of New York · 1997
- Amaker v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 2000
- Emmons v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
- Lunney v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
- Faulkner v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Matter of Medina v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Freeman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Proctor v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- McBride v. Superintendent of Bare Hill Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2001