Carney v. Coughlin

Appellate Division of the Supreme Court of New York

Carney v. Coughlin

210 A.D.2d 996, 621 N.Y.S.2d 1004, 1994 N.Y. App. Div. LEXIS 13550

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

DecidedDecember 23, 1994

StatusPublished

This text of 210 A.D.2d 996 (Carney v. Coughlin) 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

Carney v. Coughlin, 210 A.D.2d 996, 621 N.Y.S.2d 1004, 1994 N.Y. App. Div. LEXIS 13550 (N.Y. Ct. App. 1994).

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Opinion

—Determination unanimously confirmed and petition dismissed. Memorandum: The determination that petitioner violated two inmate rules is supported by substantial evidence. A credibility issue was raised whether the coat in which a razor blade was found belonged to petitioner or another inmate. The Hearing Officer resolved that issue in respondent’s favor, and there is no basis in the record to disturb that finding. Further, the finding that petitioner engaged in violent conduct is supported by substantial evidence consisting of statements in the misbehavior report and unusual incident report (see, People ex rel. Vega v Smith, 66 NY2d 130, 140). The record does not support the assertion that petitioner was denied the right to call witnesses. (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Den-man, P. J., Green, Balio, Callahan and Boehm, JJ.

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—Determination unanimously confirmed and petition dismissed. Memorandum: The determination that petitioner violated two inmate rules is supported by substantial evidence. A credibility issue was raised whether the coat in which a razor blade was found belonged to petitioner or another inmate. The Hearing Officer resolved that issue in respondent’s favor, and there is no basis in the record to disturb that finding. Further, the finding that petitioner engaged in violent conduct is supported by substantial evidence consisting of statements in the misbehavior report and unusual incident report (see, People ex rel. Vega v Smith, 66 NY2d 130, 140). The record does not support the assertion that petitioner was denied the right to call witnesses. (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Den-man, P. J., Green, Balio, Callahan and Boehm, JJ.

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Bluebook (online)

210 A.D.2d 996, 621 N.Y.S.2d 1004, 1994 N.Y. App. Div. LEXIS 13550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-coughlin-nyappdiv-1994.

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