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Doe v. Kelly

142 A.D.2d 1001, 530 N.Y.S.2d 420, 1988 N.Y. App. Div. LEXIS 15053
Appellate Division of the Supreme Court of the State of New York·Decided July 7, 1988·Published

Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: The misbehavior report, prepared by a correctional officer who was a witness to the incident in question, constitutes substantial evidence that petitioner violated institutional rules prohibiting fighting and disobeying an order of facility personnel (see, People ex rel. Vega v Smith, 66 NY2d 130). Matters of credibility are for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615; Matter of Curl v Kelly, 125 AD2d 948). (Appeal from article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present— Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

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Doe v. Kelly, 142 A.D.2d 1001, 530 N.Y.S.2d 420, 1988 N.Y. App. Div. LEXIS 15053 (N.Y. Ct. App. 1988).

142 A.D.2d 1001 (Doe v. Kelly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People ex rel. Vega v. Smith
485 N.E.2d 997 (New York Court of Appeals, 1985)
Perez v. Wilmot
490 N.E.2d 526 (New York Court of Appeals, 1986)
Curl v. Kelly
125 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1986)