OCASIO v. GOORD (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of William OCASIO, Petitioner, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Respondent.

Decided: September 30, 1997

Before DENMAN, P.J., and HAYES, CALLAHAN, DOERR and FALLON, JJ.

Norman P. Effman by Edward Chassin, Attica, for Appellant. Erin Peradotto by Peter Crary, Buffalo, for Reapondent.

The written misbehavior report constitutes substantial evidence of petitioner's guilt because it alleges specific conduct sufficient to support the determination that petitioner violated the institutional rules against fighting and creating a disturbance (see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647, 569 N.Y.S.2d 582, 572 N.E.2d 23; Matter of Bettis v. Coughlin, 186 A.D.2d 1080, 590 N.Y.S.2d 804). The officer who reported observing petitioner fighting with another inmate, and who gave petitioner several direct orders to stop fighting before petitioner complied and was escorted to another location, was not required to record whether petitioner was pushing, shoving, wrestling with or punching the inmate. Under the circumstances, the use of the word “fighting” was sufficiently specific to support the determination (cf., Matter of Bryant v. Coughlin, supra, at 649, 569 N.Y.S.2d 582, 572 N.E.2d 23).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM:

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