Blyden v. Mantello

Appellate Division of the Supreme Court of New York

Blyden v. Mantello

176 A.D.2d 1243, 578 N.Y.S.2d 442, 1991 N.Y. App. Div. LEXIS 13996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1991

StatusPublished

Cited by1 cases

This text of 176 A.D.2d 1243 (Blyden v. Mantello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blyden v. Mantello, 176 A.D.2d 1243, 578 N.Y.S.2d 442, 1991 N.Y. App. Div. LEXIS 13996 (N.Y. Ct. App. 1991).

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Opinion

— Determination unanimously confirmed and petition dismissed. Memorandum: The determination was supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 NY2d 130, 139). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the testimony of the two correction officers, in addition to the written misbehavior report (see, Matter of [1244]*1244Perez v Wilmot, 67 NY2d 615). Contrary to petitioner’s contention, there is no due process requirement that respondent videotape petitioner’s alleged violent conduct. (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Gorski, J.) Present — Callahan, A. P. J., Boomer, Pine, Balio and Lawton, JJ.

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— Determination unanimously confirmed and petition dismissed. Memorandum: The determination was supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 NY2d 130, 139). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the testimony of the two correction officers, in addition to the written misbehavior report (see, Matter of [1244]*1244Perez v Wilmot, 67 NY2d 615). Contrary to petitioner’s contention, there is no due process requirement that respondent videotape petitioner’s alleged violent conduct. (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Gorski, J.) Present — Callahan, A. P. J., Boomer, Pine, Balio and Lawton, JJ.

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Bluebook (online)

176 A.D.2d 1243, 578 N.Y.S.2d 442, 1991 N.Y. App. Div. LEXIS 13996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blyden-v-mantello-nyappdiv-1991.

Opinion

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