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Matter of Sanchez v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 1997
240 A.D.2d 815 (N.Y. App. Div. 1997)

Opinion

June 5, 1997


Petitioner was found guilty of violating the prison disciplinary rules which prohibit creating a disturbance, possession of a weapon and refusing a direct order. The two misbehavior reports, which included detailed descriptions of the charged misconduct, together with the testimony of the correction officers who authored them and who were eyewitnesses to the events in question, provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Rodriguez v Coughlin, 211 A.D.2d 926). We find that petitioner has failed to substantiate his claim of bias on the part of the Hearing Officer (see, Matter of McCoy v. Leonardo, 175 A.D.2d 358, 359) and conclude that his remaining contentions are either unpreserved for our review or lacking in merit.

Cardona, P.J., Mikoll, Crew III, Peters and Spain, JJ., concur.

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


Summaries of

Matter of Sanchez v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 5, 1997
240 A.D.2d 815 (N.Y. App. Div. 1997)
Case details for

Matter of Sanchez v. Selsky

Case Details

Full title:In the Matter of JESUS SANCHEZ, Petitioner, v. DONALD SELSKY, as Director…

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

Date published: Jun 5, 1997

Citations

240 A.D.2d 815 (N.Y. App. Div. 1997)
659 N.Y.S.2d 807