Brown v. Irvin

Appellate Division of the Supreme Court of New York

Brown v. Irvin

179 A.D.2d 1071

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

DecidedJanuary 31, 1992

StatusPublished

This text of 179 A.D.2d 1071 (Brown v. Irvin) 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

Brown v. Irvin, 179 A.D.2d 1071 (N.Y. Ct. App. 1992).

Pincite

Opinion

Memorandum: The determination that petitioner violated rule 100.13, which prohibits fighting, is not supported by substantial evidence. The misbehavior report relied upon by the Hearing Officer does pot support the determination because critical facts incorporated in the report were not known personally by the officer who prepared and signed the report. (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Sedita, J.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Memorandum: The determination that petitioner violated rule 100.13, which prohibits fighting, is not supported by substantial evidence. The misbehavior report relied upon by the Hearing Officer does pot support the determination because critical facts incorporated in the report were not known personally by the officer who prepared and signed the report. (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Sedita, J.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Bluebook (online)

179 A.D.2d 1071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-irvin-nyappdiv-1992.