X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: November 2, 2006 500214 ________________________________ In the Matter of JESUS PEREZ, Petitioner, v GLENN S. GOORD, as Commissioner of Correctional Services, Respondent. ________________________________ Calendar Date: September 27, 2006 Before: Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ. __________ Jesus Perez, Elmira, petitioner pro se. Eliot Spitzer, Attorney General, Albany, 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 a prison disciplinary rule. Following a stabbing incident involving two inmates, correction officials received confidential information indicating that petitioner had retrieved the weapon used in the stabbing and hid it in a refrigerator in the kitchen. After the weapon was recovered in the specified location, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued. We confirm. The misbehavior report, together with the hearing testimony and the testimony of the confidential informants considered by the Hearing Officer in camera, constitute substantial evidence supporting the determination (see Matter of Dukes v Goord, 16 AD3d 747, 747 [2005]). Contrary to petitioner’s claim, the Hearing Officer independently assessed the reliability of the confidential sources by conducting a personal interview (see Matter of McCain v Goord, 19 AD3d 910, 910 [2005]; Matter of Camacho v Goord, 18 AD3d 1046, 1047 [2005]). Petitioner’s remaining contentions, including his claim that the Hearing Officer was biased (see Matter of Cunningham v Selsky, 29 AD3d 1254, 1255 [2006]), have not been preserved for our review due to petitioner’s failure to raise them at the disciplinary hearing (see Matter of Cargill v Goord, 29 AD3d 1255, 1256 [2006]). Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.


Learn More

Capehart Scatchard seeks a personal injury defense litigation associate with 1-4 years experience. Hybrid remote work permitted. Must be ad...


Apply Now ›

POSITION SUMMARY The United States District Court for the District of New Jersey is seeking a court law clerk for the period of December 30,...


Apply Now ›

NFSA has a great opportunity for a Labor Relations Associate and Junior Counsel. This position will support NFSA's collective bargaining on ...


Apply Now ›