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Matter of Saunders v. Bombard

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 840 (N.Y. App. Div. 1999)

Opinion

January 14, 1999.


Following a disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing a direct order and engaging in conduct involving the threat of violence. The misbehavior report relates that petitioner became loud and disruptive during a grievance hearing and refused repeated orders to stop talking and using abusive language. The detailed misbehavior report and corroborating testimony of a correction officer who witnessed petitioner's conduct, together with petitioner's admissions, provided substantial evidence supporting the determination of guilt ( see, Matter of Foot v. Goord, 245 A.D.2d 903). Contrary to petitioner's contention, we find no violation of any constitutional protected expression ( see, Matter of Nicholas v. Herbert, 195 A.D.2d 1083, appeal dismissed, lv denied 82 N.Y.2d 821), nor do we find that the penalty of 20 days' keeplock and loss of privilege constitutes cruel and unusual punishment. Having reviewed petitioner's remaining contentions, we find them to be without merit.

Mikoll, J. P., Mercure, Peters, Spain and Graffeo, JJ., concur.

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


Summaries of

Matter of Saunders v. Bombard

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 840 (N.Y. App. Div. 1999)
Case details for

Matter of Saunders v. Bombard

Case Details

Full title:IN THE MATTER OF ERIC SAUNDERS, Petitioner, v. D. LA BOMBARD et al.…

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

Date published: Jan 14, 1999

Citations

257 A.D.2d 840 (N.Y. App. Div. 1999)
685 N.Y.S.2d 119

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