Burse v. Goord, 274 A.D.2d 678 (N.Y. App. Div. 2000). · Go Syfert
Burse v. Goord, 274 A.D.2d 678 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
14 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Cepeda v. Goord (nyappdiv, 2007-04-10)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Cepeda v. Goord
N.Y. App. Div. · 2007 · confidence medium
We reject the petitioner’s further contention that he was improperly precluded from calling a certain witness inasmuch as the testimony of the witness he requested would have been irrelevant (see Matter of Rios v Selsky, 32 AD3d 632 [2006]; Matter of Rincon v Selsky, 28 AD3d 565 [2006]; Matter of Burse v Goord, 274 AD2d 678, 679 [2000]).
discussed Cited as authority (rule) Brown v. Selsky
N.Y. App. Div. · 2007 · confidence medium
Contrary to the petitioner’s contention, the misbehavior report, the positive test results for cannabinoids, and the hearing testimony that the petitioner’s medication did not cause a false positive result, constituted substantial evidence of guilt (see Matter of Rincon v Selsky, 28 AD3d 565, 566 [2006]; Matter of Burse v Goord, 274 AD2d 678, 679 [2000]; Matter of McBride v Selsky, 257 AD2d 930 [1999]).
discussed Cited as authority (rule) Young v. Selsky
N.Y. App. Div. · 2006 · confidence medium
Moreover, petitioner was not improperly denied documentary evidence establishing that he was randomly selected for the drug test inasmuch as the requested document was not available (see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]), and he was provided with another document containing the same information (see Matter of Benton v Coombe, 242 AD2d 763, 764 [1997]).
discussed Cited as authority (rule) Rincon v. Selsky
N.Y. App. Div. · 2006 · confidence medium
We reject the petitioner’s contention that he was denied access to certain documentary evidence and was not allowed to call relevant witnesses, inasmuch as the documents and witnesses he requested were either unavailable, irrelevant, or duplicative of other evidence in the record (see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]; Matter of McBride v Selsky, 257 AD2d 930 [1999]; Matter of Di Rose v New York State Dept, of Correction, 228 AD2d 868 [1996]).
discussed Cited as authority (rule) Mastropietro v. Goord
N.Y. App. Div. · 2005 · confidence medium
Furthermore, we do not find that petitioner was improperly denied certain documents or the right to present the testimony of the facility Superintendent or respondent as this evidence was not relevant, to the charge (see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]).
discussed Cited as authority (rule) Allen v. Goord
N.Y. App. Div. · 2004 · confidence medium
In any event, there is nothing in the record to substantiate petitioner’s claim that the Hearing Officer acted inappropriately (see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]; Matter of Cobb v Selsky, 270 AD2d 747, 748 [2000]).
discussed Cited as authority (rule) Lamage v. Selsky
N.Y. App. Div. · 2003 · confidence medium
While petitioner further claims that he was improperly denied the right to present certain documentary evidence at the hearing, in our view the nature of the subject items rendered them either irrelevant to the charges or redundant to the other evidence produced (see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]; Matter of Cobb v Selsky, 270 AD2d 747 [2000]).
discussed Cited "see" Ramos v. Goord
N.Y. App. Div. · 2003 · signal: see · confidence high
The record further fails to support petitioner’s allegations of bias by the Hearing Officer or that “the outcome of the hearing flowed from the alleged bias” (Matter of James v Goord, 261 AD2d 733, 733 [1999] ; see Matter of Burse v Goord, 274 AD2d 678, 679 [2000]).
discussed Cited "see, e.g." Toomer v. Goord
N.Y. App. Div. · 2002 · signal: see also · confidence low
Documentation of the testing, also submitted in evidence, sufficiently established the chain of custody and the adequacy of the testing procedure (see, 7 NYCRR 1020.4 [e]; see also, Matter of Burse v Goord, 274 AD2d 678, 679 ).
Retrieving the full opinion text from the archive…
In the Matter of Ray Burse
v.
Glenn Goord, as Commissioner of the Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
Jul 13, 2000.
274 A.D.2d 678
2000 N.Y. App. Div. LEXIS 7812
Peters.
Cited by 14 opinions  |  Published
—Peters, J.

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was charged in a misbehavior report with possessing narcotics and smuggling in violation of prison disciplinary rules after marihuana was discovered in a garage where petitioner frequently loitered. The search of the garage was prompted by information that several correction officers had observed petitioner spending an unusual amount of time around the garage and acting suspiciously, leading them[*679] to believe that petitioner was hiding something in the garage. According to the misbehavior report, the search disclosed two plastic sandwich bags containing a substance which tested positive for marihuana secreted inside a coffee can. Petitioner subsequently admitted during an interview with two correction officers that the marihuana belonged to him. Found guilty of all charges, petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt. We confirm.

The testimony of the correction officer who searched the garage and discovered the marihuana, the documentation and testimony relating to the positive test results and the testimony of one of the correction officers who heard petitioner’s confession provide substantial evidence of petitioner’s guilt (see, Matter of Maldonado v Goord, 270 AD2d 742; Matter of Rosario v Selsky, 266 AD 2d 656). Although petitioner contends that he never admitted owning the marihuana, this created a credibility issue for the Hearing Officer to resolve (see, Matter of Hardy v Coombe, 234 AB2d 830). Moreover, the record indicates that appropriate procedures were used to test the marihuana and that the chain of custody was adequately established (see, Matter of Bradstreet v Goord, 268 AD2d 832; Matter of Rivera v Goord, 258 AD2d 858). Any confusion regarding the information contained on the testing documentation regarding the type of testing procedure used was sufficiently explained at the hearing (see, Matter of Mercado v Selsky, 270 AD2d 550).

Turning to petitioner’s procedural claims, we reject petitioner’s contention that he was denied documentary evidence and relevant witnesses because the information petitioner requested was either unavailable, irrelevant or redundant to other evidence in the record (see, Matter of McBride v Selsky, 257 AD2d 930; Matter of Di Rose v New York State Dept. of Correction, 228 AD2d 868). Finally, there is nothing in the record to substantiate petitioner’s contention that the Hearing Officer was biased or considered matters outside the record (see, Matter of Cobb v Selsky, 270 AD2d 747).

Petitioner’s remaining contentions have been reviewed and rejected as without merit.

Mercure, J. P., Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.