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Di Rose v. Morse

Citations: 225 A.D.2d 959; 639 N.Y.2d 746; 639 N.Y.S.2d 746; 1996 N.Y. App. Div. LEXIS 2763

Court: Appellate Division of the Supreme Court of the State of New York; March 20, 1996; New York; State Appellate Court

Narrative Opinion Summary

A prison inmate (the petitioner) was found guilty of violating a disciplinary rule regarding inmate correspondence after attempting to send a card to another inmate without authorization. The court determined that substantial evidence supported the respondent's finding of guilt. The petitioner claimed that the misbehavior report was retaliatory due to previous grievances filed, but did not provide evidence to back this assertion. Other claims made by the petitioner were either deemed improperly before the court or without merit. The court confirmed the determination, dismissed the petition, and stated that there are no costs. The decision was agreed upon by Judges Cardona, P.J., Crew III, White, Peters, and Spain.

Legal Issues Addressed

Claims of Retaliation

Application: The petitioner alleged that the disciplinary action was retaliatory but failed to provide evidence for this claim.

Reasoning: The petitioner claimed that the misbehavior report was retaliatory due to previous grievances filed, but did not provide evidence to back this assertion.

Improper and Meritless Claims

Application: The court found that additional claims made by the petitioner were not properly before the court or lacked merit.

Reasoning: Other claims made by the petitioner were either deemed improperly before the court or without merit.

Judicial Agreement

Application: The decision to dismiss the petition was unanimously confirmed by the panel of judges.

Reasoning: The decision was agreed upon by Judges Cardona, P.J., Crew III, White, Peters, and Spain.

Substantial Evidence Standard

Application: The court applied the substantial evidence standard to determine that the respondent's finding of guilt was supported.

Reasoning: The court determined that substantial evidence supported the respondent's finding of guilt.