Green v. McGinnis, 281 A.D.2d 671 (N.Y. App. Div. 3d Dep't 2001). · Go Syfert
Green v. McGinnis, 281 A.D.2d 671 (N.Y. App. Div. 3d Dep't 2001). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Cited for
At page 671 Review of prison disciplinary violations and evidence sufficiency1 citing case“We also reject petitioner’s contention that he was denied the right to call a particular witness since this witness lacked personal knowledge of the incident (see, Matter of Dabney v Murphy, 278 AD2d 714; Matter of Pabon v Coombe, 249 AD2d 629, 629-630).”the opinion's own words at *671
  • Flenon v. Goord, 24 A.D.3d 912 (N.Y. App. Div. 3d Dep't 2005).published
    Initially, we find no error in the Hearing Officer’s denial of petitioner’s request to call the Deputy Superintendent of Security as a witness as he did not have personal knowledge of the incident in question and, therefore, his testimony…
Retrieving the full opinion text from the archive…
In the Matter of Roland Green
v.
Michael McGinnis, as Superintendent of Southport Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Mar 1, 2001.
Published opinion
281 A.D.2d 671
2001 N.Y. App. Div. LEXIS 2026
Cited by 4 opinions  |  Published

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

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting the refusal of a direct order and obstruction of visibility into his cell. Contrary to petitioner’s contention, the misbehavior report, together with the testimony of the correction officer who authored the report, constitute substantial evidence of petitioner’s guilt (see, Matter of Pryce v Goord, 274 AD2d 804). We also reject petitioner’s contention that he was denied the right to call a particular witness since this witness lacked personal knowledge of the incident (see, Matter of Dabney v Murphy, 278 AD2d 714; Matter of Pabon v Coombe, 249 AD2d 629, 629-630). Nor do we find that he was improperly denied the right to introduce documentary evidence in his defense as it is clear[*672] that the documents in question were immaterial or irrelevant to the charges (see, Matter of Fletcher v Murphy, 249 AD2d 638, 639). Finally, we are unpersuaded that the Hearing Officer was biased and, in any event, petitioner failed to establish that the outcome of the hearing flowed from bias (see, Matter of Amaker v Senkowski, 278 AD2d 725; Matter of Lawrence v Headley, 257 AD2d 837).

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