← Cases

Cintron v. Maxwell

244 A.D.2d 745 Court N.Y. App. Div. Decision date 1997-11-20 English

Contents

Majority

p. 745
In the Matter of George Cintron, Petitioner, v H. Maxwell, as Civilian Teacher, Marcy Correctional Facility, et al., Respondents.
[666 NYS2d 46]

—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 Superintendent of Marcy Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1,

p. 746
1996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified that he had immediately complied with the teacher’s first order, this conflicting testimony merely presented a credibility issue for the Hearing Officer to decide (see, Matter of Foster v Coughlin, 76 NY2d 964 , 966; Matter of Robles v Selsky, 231 AD2d 818 , 819). In our view, the misbehavior report was “ ‘sufficiently relevant and probative’ ” to support the finding of guilt (Matter of Foster v Coughlin, supra, at 966 , quoting Matter of Perez v Wilmot, 67 NY2d 615 , 616-617).

Cardona, P. J., Crew III, White, Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cases cited