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Rivera v. Leclaire

Appellate Division of the Supreme Court of New York, Third Department
Aug 7, 2008
54 A.D.3d 465 (N.Y. App. Div. 2008)

Opinion

No. 504061.

August 7, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Jose Rivera, Napanoch, petitioner pro se.

Andrew M. Cuomo, Attorney General (Martin A. Hotvet of counsel), for respondents.

Before: Mercure, J.P., Peters, Spain, Kane and Malone Jr., JJ.


Petitioner was discovered trying to enter the prison yard with numerous items concealed in towels and clothing in the bottom of his net bag. At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting smuggling. An unsuccessful administrative appeal of that determination prompted petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report and petitioner's admission that he was attempting to bring the items into the yard ( see Matter of Raqiyb v Goord, 24 AD3d 1013, 1013). Petitioner's remaining contentions have been considered and, to the extent preserved, are without merit.

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


Summaries of

Rivera v. Leclaire

Appellate Division of the Supreme Court of New York, Third Department
Aug 7, 2008
54 A.D.3d 465 (N.Y. App. Div. 2008)
Case details for

Rivera v. Leclaire

Case Details

Full title:In the Matter of JOSE RIVERA, Petitioner, v. LUCIEN J. LECLAIRE JR., as…

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

Date published: Aug 7, 2008

Citations

54 A.D.3d 465 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6527
861 N.Y.S.2d 602

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