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In the Matter of Ramsey v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 470 (N.Y. App. Div. 2004)

Opinion

2004-02447

October 4, 2004.

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Green Haven Correctional Facility, dated August 19, 2003, which affirmed a determination of a Hearing Officer dated July 28, 2003, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating prison rules and imposing a penalty.

Before: Santucci, J.P., Luciano, Schmidt and Skelos, JJ., concur.


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

"In reviewing a prison disciplinary determination, the court's inquiry is limited to deciding whether the determination was supported by substantial evidence" ( Matter of Glover v. Goord, 262 AD2d 483, 484; see People ex rel. Vega v. Smith, 66 NY2d 130). "[S]ubstantial evidence `means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'" ( People ex rel. Vega v. Smith, supra at 139, quoting 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 NY2d 176, 180). Here, a review of the record reveals that there was substantial evidence to support the respondent's determination that the petitioner violated prison rules ( see Matter of Foster v. Coughlin, 76 NY2d 964; Matter of Perez v. Wilmot, 67 NY2d 615; see also, Matter of McIntosh v. Coughlin, 155 AD2d 762). Accordingly, we confirm the determination.


Summaries of

In the Matter of Ramsey v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 470 (N.Y. App. Div. 2004)
Case details for

In the Matter of Ramsey v. Phillips

Case Details

Full title:In the Matter of MICHAEL F. RAMSEY, Petitioner, v. WILLIAM E. PHILLIPS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 2004

Citations

11 A.D.3d 470 (N.Y. App. Div. 2004)
782 N.Y.S.2d 373

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