Scott v. Leonardo
| Decision Date | 31 December 1991 |
| Citation | 178 A.D.2d 865,577 N.Y.S.2d 918 |
| Parties | In the Matter of Joseph SCOTT, Petitioner, v. Arthur LEONARDO, as Superintendent of Great Meadow Correctional Facility, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Joseph Scott, Comstock, in pro per.
Robert Abrams, Atty. Gen. (Joseph Koczaja, of counsel), Albany, for respondents.
Before MAHONEY, P.J., and CASEY, LEVINE, MERCURE and CREW, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
There is no evidence in the record to support petitioner's claim that he was denied a fair and impartial hearing. As to his claim that he was justified in refusing a direct order because he had a right not to be compelled to attend another hearing, the record fails to indicate that the ordered interview was a hearing; even if it was, that was not justification for refusing to obey the order (see, Matter of Rivera v. Smith, 63 N.Y.2d 501, 483 N.Y.S.2d 187, 472 N.E.2d 1015). The finding of guilt on that charge was also supported by substantial evidence. There was petitioner's own admission and the testimony of the inmate witness, as well as the misbehavior report and the testimony of the correction officer who issued the order and authored the report (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 495 N.Y.S.2d 332, 485 N.E.2d 997; Matter of Johnson v. Coughlin, 157 A.D.2d 991, 550 N.Y.S.2d 471). As to the finding of guilt on the verbal harassment charge, this involved questions of credibility which were for the Hearing Officer to resolve (see, Matter of De Torres v. Coughlin, 135 A.D.2d 1068, 522 N.Y.S.2d 993, lv. denied 72 N.Y.2d 801, 530 N.Y.S.2d 553, 526 N.E.2d 44).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
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