Guivas v. Coughlin

Appellate Division of the Supreme Court of New York

Guivas v. Coughlin

202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3049

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

DecidedMarch 31, 1994

StatusPublished

This text of 202 A.D.2d 928 (Guivas 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

Guivas v. Coughlin, 202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3049 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional [929]*929Services which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we conclude that there was substantial evidence to support the determination finding petitioner guilty of assaulting another inmate. Petitioner claims that the Hearing Officer erred in relying upon certain confidential information. However, our in camera review of the confidential information reveals the requisite detailed, specific and corroborative evidence to enable the Hearing Officer to make an independent determination of credibility and the reliability of the information.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional [929]*929Services which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we conclude that there was substantial evidence to support the determination finding petitioner guilty of assaulting another inmate. Petitioner claims that the Hearing Officer erred in relying upon certain confidential information. However, our in camera review of the confidential information reveals the requisite detailed, specific and corroborative evidence to enable the Hearing Officer to make an independent determination of credibility and the reliability of the information.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guivas-v-coughlin-nyappdiv-1994.