Matter of Humphrey v Goord

Decided and Entered: July 26, 2007
501861
________________________
In the Matter of EDWARD HUMPHREY, Petitioner,
v
GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.
.....

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Decided and Entered: July 26, 2007 501861 ________________________________ In the Matter of EDWARD HUMPHREY, Petitioner, v GLENN S. GOORD, as Commissioner of Correctional Services, Respondent. ___________________________ Calendar Date: June 13, 2007 Before: Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ. __________ Edward Humphrey, Gouverneur, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent. __________ 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 certain prison disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging a determination which found him guilty of unauthorized exchange.1 We now confirm. The misbehavior report, documentary evidence, hearing testimony and reasonable inferences to be drawn therefrom comprise substantial evidence to support the determination of guilt (see Matter of Morgan v Goord, 10 AD3d 792, 792 [2004]). Petitioner’s innocent explanation created a credibility issue that was properly resolved by the Hearing Officer (see Matter of Rizzuto v Goord, 35 AD3d 1075, 1075 [2006]). Petitioner’s remaining claims, to the extent preserved, have been examined and found to be lacking in merit.2 Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur. ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

Matter of Humphrey v Goord

Decided and Entered: July 26, 2007 501861 ________________________________ In the Matter of EDWARD HUMPHREY, Petitioner, v GLENN S. GOORD, as Commissioner of Correctional Services, Respondent. ________.....

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Decided and Entered: July 26, 2007
501861
________________________
In the Matter of EDWARD HUMPHREY, Petitioner,
v
GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.
.....