Legal Opinion

Dolan v. Goord

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

Decided October 28, 2004PublishedCited by 3 opinions

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 the Superintendent of Clinton Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits stealing. The detailed misbehavior report written by a correction officer who witnessed petitioner stealing cookies in the mess hall is sufficient, by itself, to constitute substantial evidence supporting the…

2Cases cited5 opinions

  1. Spirles v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  2. Taylor v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  3. Torres v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Harrell v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1997
  5. Filsaime v. SabourinAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. Retamozzo v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2006
  2. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  3. Encarnacion v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

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