Gibbs v. Kelly

Appellate Division of the Supreme Court of New York

Gibbs v. Kelly

159 A.D.2d 1024, 555 N.Y.S.2d 639, 1990 N.Y. App. Div. LEXIS 3362

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

DecidedMarch 16, 1990

StatusPublished

Cited by2 cases

This text of 159 A.D.2d 1024 (Gibbs v. Kelly) 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

Gibbs v. Kelly, 159 A.D.2d 1024, 555 N.Y.S.2d 639, 1990 N.Y. App. Div. LEXIS 3362 (N.Y. Ct. App. 1990).

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Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: Whether the inmate victim was cut on the leg intentionally or accidentally was a credibility issue for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615; Matter of McKins v Coughlin, 142 AD2d 987, Iv denied 74 NY2d 603). The Hearing Officer credited the victim’s version of the events, and there is substantial evidence in the record to support the determination of guilt. (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Denman, Pine, Balio and Davis, JJ.

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Determination unanimously confirmed and petition dismissed. Memorandum: Whether the inmate victim was cut on the leg intentionally or accidentally was a credibility issue for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615; Matter of McKins v Coughlin, 142 AD2d 987, Iv denied 74 NY2d 603). The Hearing Officer credited the victim’s version of the events, and there is substantial evidence in the record to support the determination of guilt. (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Denman, Pine, Balio and Davis, JJ.

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Bluebook (online)

159 A.D.2d 1024, 555 N.Y.S.2d 639, 1990 N.Y. App. Div. LEXIS 3362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-kelly-nyappdiv-1990.

Opinion

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