In the Matter of Alston v. Goord, 98342.
| Decision Date | 05 January 2006 |
| Docket Number | 98342. |
| Citation | 807 N.Y.S.2d 202,2006 NY Slip Op 00063,25 A.D.3d 852 |
| Parties | In the Matter of FREDERICK ALSTON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent. |
| Court | New York Supreme Court — Appellate Division |
During a review of inmate correspondence, a correction officer found a letter written by petitioner to his brother, who was housed in another correctional facility, in which he stated his intent to kill an informant and another person, and enlisted his brother's help. Petitioner was charged in a misbehavior report with making threats and violating facility correspondence procedures. He was found guilty of the charges following a tier III disciplinary hearing and the determination was upheld on administrative appeal, with a reduction in the penalty. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the letter written by petitioner, as well as petitioner's admission that he authored the letter, constitute substantial evidence supporting the determination of guilt (see Matter of Surdis v Walsh, 295 AD2d 735, 736 [2002]; Matter of Burgess v Goord, 269 AD2d 722, 722-723 [2000]). Petitioner's assertion that the threats were not real and that he was only joking with his brother presented a credibility issue for the Hearing Officer to resolve (see Matter of Wright v Goord, 19 AD3d 855, 855 [2005], lv denied 5 NY3d 711 [2005]; Matter of Moore v Goord, 16 AD3d 800, 800 [2005]). Finally, given that petitioner was not illiterate, non-English speaking, sensorially disabled, charged with drug use or confined pending the hearing, he was not entitled to an employee assistant pursuant to 7 NYCRR 251-4.1 (a) (see Matter of Miller v Goord, 2 AD3d 928, 929 [2003]; Matter of Santiago v Selsky, 288 AD2d 732 [2001]).
Adjudged that the determination is confirmed, without costs, and petition dismissed.
To continue reading
Request your trial
-
Legeros v. Annucci
...(see Matter of Cole v. New York State Dept. of Correctional Servs., 87 A.D.3d at 1243, 931 N.Y.S.2d 712 ; Matter of Alston v. Goord, 25 A.D.3d 852, 852, 807 N.Y.S.2d 202 [2006] ).Turning to petitioner's procedural contentions, we reject his argument that the 46 N.Y.S.3d 448misbehavior repor......
-
Sorrentino v. Annucci
...any circumstances" (7 NYCRR 270.2 [B] [3] [i]; see Matter of Griswold v Goord, 39 A.D.3d 908, 909 [2007]; Matter of Alston v Goord, 25 A.D.3d 852, 852 [2006]; Matter of McFadden v Armmitage, 1 A.D.3d 670, 670 [2003]). Moreover, petitioner's contentions that the threat could only be construe......
-
Caldara v. Annucci, 525137
...154 [2008], appeal dismissed and lv. denied 11 N.Y.3d 809, 868 N.Y.S.2d 587, 897 N.E.2d 1070 [2008] ; Matter of Alston v. Goord , 25 A.D.3d 852, 852, 807 N.Y.S.2d 202 [2006] ). Contrary to petitioner's 75 N.Y.S.3d 120contention, he was not found guilty of violating the negative corresponden......
-
Sorrentino v. Annucci
...[B][3][i]; see 197 A.D.3d 1487 Matter of Griswold v. Goord, 39 A.D.3d 908, 909, 835 N.Y.S.2d 460 [2007] ; Matter of Alston v. Goord, 25 A.D.3d 852, 852, 807 N.Y.S.2d 202 [2006] ; Matter of McFadden v. Armmitage, 1 A.D.3d 670, 670, 766 N.Y.S.2d 617 [2003] ). Moreover, petitioner's contention......