Moreno v. Goord, 30 A.D.3d 708 (N.Y. App. Div. 2006). · Go Syfert
Search
Moreno v. Goord, 30 A.D.3d 708 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2019–2020 · …it is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete at p. 708 ⚠ not in text
25 citation events (25 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Christa Constr., LLC v. Vanguard Light Gauge Steel Bldgs.
N.Y. App. Div. · 2020 · confidence medium
"It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete" ( Matter of Pratt v Anthony , 30 AD3d 708, 708 [3d Dept 2006]; see Fink v Al-Sar Realty Corp. , 175 AD3d 1820 , 1820-1821 [4th Dept 2019]; Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
discussed Cited as authority (rule) Matter of Charlie C. (Thomas C.)
N.Y. App. Div. · 2019 · confidence medium
"It is incumbent upon an appellant to assemble a proper record, including the relevant documents that were before the lower court, and appeals will be dismissed when the record is incomplete" ( Matter of Pratt v Anthony , 30 AD3d 708, 708 [3d Dept 2006]; see Mergl v Mergl , 19 AD3d 1146, 1147 [4th Dept 2005]).
cited Cited as authority (rule) Brandon A. v. Melissa TT.
N.Y. App. Div. · 2015 · confidence medium
The failure to compile a proper record can result in dismissal of an appeal (see Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]; Personnel Sys.
cited Cited as authority (rule) Bouchey v. Claxton-Hepburn Medical Center
N.Y. App. Div. · 2014 · confidence medium
Lawrence County Dept. of Social Servs., 113 AD3d 899 , 899 [2014]; Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).
cited Cited as authority (rule) Bouchey v. Claxton-Hepburn Medical Center
N.Y. App. Div. · 2014 · confidence medium
Lawrence County Dept. of Social Servs., 113 AD3d 899 , 899 [2014]; Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).
discussed Cited as authority (rule) Christopher RR. v. St. Lawrence County Department of Social Services
N.Y. App. Div. · 2014 · confidence medium
A proper record on appeal must include any relevant documents and transcripts of the proceedings before the lower court (see CPLR 5526; Clarke v Clarke, 90 AD3d 690, 691 [2011], lv denied 19 NY3d 805 [2012]; Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).
discussed Cited as authority (rule) Christopher RR. v. St. Lawrence County Department of Social Services
N.Y. App. Div. · 2014 · confidence medium
A proper record on appeal must include any relevant documents and transcripts of the proceedings before the lower court (see CPLR 5526; Clarke v Clarke, 90 AD3d 690, 691 [2011], lv denied 19 NY3d 805 [2012]; Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).
discussed Cited as authority (rule) Henderson v. Fischer
N.Y. App. Div. · 2012 · confidence medium
The Hearing Officer properly denied on relevancy grounds petitioner’s requests for the testimony of a correction officer who was not present at the time petitioner’s urine was tested, as well as the urinalysis testing documents of a different inmate who had been tested on the same day as petitioner (see Matter of Hamilton v Prack, 95 AD3d 1512 , 1513 [2012]; Matter of Sheppard v Bezio, 62 AD3d 1189, 1190 [2009]; Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]).
discussed Cited as authority (rule) Henderson v. Fischer
N.Y. App. Div. · 2012 · confidence medium
The Hearing Officer properly denied on relevancy grounds petitioner’s requests for the testimony of a correction officer who was not present at the time petitioner’s urine was tested, as well as the urinalysis testing documents of a different inmate who had been tested on the same day as petitioner (see Matter of Hamilton v Prack, 95 AD3d 1512 , 1513 [2012]; Matter of Sheppard v Bezio, 62 AD3d 1189, 1190 [2009]; Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]).
discussed Cited as authority (rule) Rogers v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, we cannot say that respondent’s determination is supported by substantial evidence in the record as a whole (compare Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]; Matter of Shun Zhong v Selsky, 307 AD2d 498, 499 [2003]; Matter of Cruz v Goord, 302 AD2d 816, 816 [2003]) — particularly given the significant gaps in the nurses’ testimony.
discussed Cited as authority (rule) Rogers v. Fischer
N.Y. App. Div. · 2012 · confidence medium
Under these circumstances, we cannot say that respondent’s determination is supported by substantial evidence in the record as a whole (compare Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]; Matter of Shun Zhong v Selsky, 307 AD2d 498, 499 [2003]; Matter of Cruz v Goord, 302 AD2d 816, 816 [2003]) — particularly given the significant gaps in the nurses’ testimony.
discussed Cited as authority (rule) Taylor v. Fischer
N.Y. App. Div. · 2011 · confidence medium
The detailed misbehavior report, together with the testimony adduced at the hearing, provide substantial evidence supporting the determination of guilt (see Matter of Duffy v Fischer, 78 AD3d 1384, 1385 [2010]; Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]).
cited Cited as authority (rule) Genis v. New York State Department of Correctional Services
N.Y. App. Div. · 2011 · confidence medium
Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]).
discussed Cited as authority (rule) Duffy v. Fischer
N.Y. App. Div. · 2010 · confidence medium
Rather, the misbehavior report, together with the testimony adduced at the hearing, provided substantial evidence supporting the determination of guilt (see Matter of Capocetta v Fischer, 72 AD3d 1377, 1377-1378 [2010], lv denied 15 NY3d 706 [2010]; Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]).
discussed Cited as authority (rule) Spulka v. Selsky
N.Y. App. Div. · 2007 · confidence medium
The misbehavior report, coupled with the testimony of the correction officer who prepared it, provide substantial evidence to support the determination (see Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]; Matter of Toney v Goord, 26 AD3d 613, 614 [2006]).
discussed Cited as authority (rule) Muniz v. Goord
N.Y. App. Div. · 2006 · confidence medium
Although petitioner contends that he was unable to comply with the orders because he was feeling ill, evidence at the hearing revealed that petitioner did not request an excuse from the medical department and had no medical problem that would have prevented him from attending the assigned program (see Matter of Moreno v Goord, 30 AD3d 708, 709 [2006]; Matter of Shun Zhong v Selsky, 307 AD2d 498, 499 [2003]).
discussed Cited "see" Matter of Jamie UU. v. David VV.
N.Y. App. Div. · 2017 · signal: see · confidence high
“The mother, as the appellant, submitted this appeal on an incomplete record and must suffer the consequences” (Matter of Lopez v Lugo, 115 AD3d 1237, 1237 [2014] [internal quotation marks and citations omitted]; see Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Carlos Moreno
v.
Glenn S. Goord, as Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Jun 8, 2006.
30 A.D.3d 708
Cited by 9 opinions  |  Published

[*709] 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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was given three hours within which to comply with a correction officer’s directive to produce a urine specimen. He was informed of the consequences of his failure to do so within the allotted time and was permitted to consume one eight-ounce glass of water each hour. When petitioner was unable to produce a urine specimen at the end of the three-hour period, he was charged in a misbehavior report with refusing a direct order and failing to comply with urinalysis testing procedures. He was found guilty of the latter charge at the conclusion of a tier III disciplinary hearing and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the considerable testimony adduced at the hearing, provide substantial evidence supporting the determination of guilt (see Matter of Lopez v Goord, 14 AD3d 771 [2005]; Matter of Jackson v Goord, 305 AD2d 839, 839 [2003], lv denied 100 NY2d 510 [2003]). Although petitioner maintained that his medical problems and certain medication he was taking prevented him from providing a sample adequate for testing, a physician familiar with his medical history and medication testified that these matters would not have caused him to be unable to provide a proper specimen within the time allotted (see e.g. Matter of Infante v Selsky, 21 AD3d 633, 634 [2005]; Matter of Shun Zhong v Selsky, 307 AD2d 498, 499 [2003]). Furthermore, we find no merit to petitioner’s claims that he was improperly denied requested urinalysis log book entries or that he was denied the right to call a urologist, whom he did not specifically request as a witness, to testify at the hearing.

Cardona, PJ., Crew III, Carpinello, Mugglin and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.