Jones v. Goord, 50 A.D.3d 1427 (N.Y. App. Div. 3d Dep't 2008). · Go Syfert
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Jones v. Goord, 50 A.D.3d 1427 (N.Y. App. Div. 3d Dep't 2008). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Hyatt v. Fischer, 118 A.D.3d 1192 (N.Y. App. Div. 3d Dep't 2014)
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At page 1427 Reviewing disciplinary finding based on evidence and credibility issues3 citing cases2 listed here
  • Hyatt v. Fischer, 118 A.D.3d 1192 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Any alleged inconsistencies in the evidence presented created a credibility issue for the Hearing Officer to resolve (see Matter of Jones v Goord, 50 AD3d 1427, 1427 [2008]).
  • Harvey v. Woods, 53 A.D.3d 944 (N.Y. App. Div. 3d Dep't 2008).published
    Petitioner’s claim of inconsistencies in the evidence, along with the exculpatory testimony offered by petitioner and his inmate witness, created credibility issues for resolution by the Hearing Officer (see Matter of Jones v Goord, 50 AD3…
At page 1428 cited at this page2 citing cases
  • Hunter v. Bezio, 65 A.D.3d 726 (N.Y. App. Div. 3d Dep't 2009).published
    To the extent that petitioner claims that he was directed only to refrain from conducting business while incarcerated without any reference to the procurement of a certificate of incorporation, credibility issues were created for resolutio…
  • Fareedullah v. Fischer, 64 A.D.3d 1024 (N.Y. App. Div. 3d Dep't 2009).published
    To the extent that petitioner denies engaging in the conduct forming the basis for the disciplinary rule violations, credibility issues were created for resolution by the Hearing Officer (see Matter of Koehl v Artus, 56 AD3d 918 [2008], lv…
Retrieving the full opinion text from the archive…
In the Matter of Mahmond Jones
v.
Glenn S. Goord, as Commissioner of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Apr 24, 2008.
Published opinion
50 A.D.3d 1427
Cited by 7 opinions  |  Published

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.

After a search of petitioner’s prison cell recovered substances which were subsequently proven to be heroin and marihuana, he was charged in a misbehavior report with violating the prison disciplinary rule prohibiting drug possession. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. The determination of guilt was supported by substantial evidence in the form of the misbehavior report, related documentary evidence and photographs, positive drug test results and hearing testimony (see Matter of Callender v Selsky, 41 AD3d 1065, 1065-1066 [2007]). Petitioner’s denial that the drugs belonged to him and his claim of inconsistencies in the documentary evidence created credibility issues for resolution by the Hearing Officer (see Matter of Diaz v Goord, 26 AD3d[*1428] 561, 562 [2006]). To the extent preserved, petitioner’s remaining contentions, including his claims that there was a defective chain of custody and the Hearing Officer was biased, have been examined and found to be unavailing.

Cardona, P.J., Mercure, Rose, Lahtinen and Stein, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.