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Lashley v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Apr 26, 2007
39 A.D.3d 1105 (N.Y. App. Div. 2007)

Opinion

No. 501109.

April 26, 2007.

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Sharon Lashley, Albion, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondents.

Before: Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ.


Petitioner challenges a determination finding her guilty of creating a disturbance, harassment, refusing a direct order (two counts) and lewd behavior, all violations of prison disciplinary rules. We confirm. The misbehavior reports, together with the testimony of three correction officers, provide substantial evidence supporting the determination of guilt ( see Matter of Price v Goord, 29 AD3d 1203, 1204; Matter of Vizcaino v Selsky, 26 AD3d 574, lv denied 7 NY3d 708). Petitioner's exculpatory statements as to the nature of her acts presented a credibility issue for the Hearing Officer to resolve ( see Matter of Miller v New York State Dept. of Correctional Servs., 295 AD2d 714, 714-715; Matter of McGoey v Selsky, 260 AD2d 814, 815). Petitioner's remaining contentions have been reviewed and determined to be without merit.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Lashley v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Apr 26, 2007
39 A.D.3d 1105 (N.Y. App. Div. 2007)
Case details for

Lashley v. Goord

Case Details

Full title:In the Matter of SHARON LASHLEY, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 26, 2007

Citations

39 A.D.3d 1105 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3610
832 N.Y.S.2d 829

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