Johnson v. Koehler

Appellate Division of the Supreme Court of New York

Johnson v. Koehler

185 A.D.2d 763, 587 N.Y.S.2d 553, 1992 N.Y. App. Div. LEXIS 9927

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

DecidedAugust 13, 1992

StatusPublished

This text of 185 A.D.2d 763 (Johnson v. Koehler) 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

Johnson v. Koehler, 185 A.D.2d 763, 587 N.Y.S.2d 553, 1992 N.Y. App. Div. LEXIS 9927 (N.Y. Ct. App. 1992).

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Opinion

— Determination of respondent Correction Commissioner, dated December 30, 1988, which dismissed petitioner from his position as a correction officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jacqueline Silbermann, J.], entered December 26, 1989), is dismissed, without costs and without disbursements.

Following a hearing, petitioner was found guilty of using unreasonable force on a prison inmate. Viewing the record as a whole, we find this determination to be supported by substantial evidence (Matter of Berenhaus v Ward, 70 NY2d 436, 443). The question of who initiated the altercation raised an issue of credibility as to which a reviewing court should not [764]*764substitute its judgment for that of the Hearing Officer (supra). We have reviewed petitioner’s other contentions and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Asch, Kassal and Rubin, JJ.

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— Determination of respondent Correction Commissioner, dated December 30, 1988, which dismissed petitioner from his position as a correction officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jacqueline Silbermann, J.], entered December 26, 1989), is dismissed, without costs and without disbursements.

Following a hearing, petitioner was found guilty of using unreasonable force on a prison inmate. Viewing the record as a whole, we find this determination to be supported by substantial evidence (Matter of Berenhaus v Ward, 70 NY2d 436, 443). The question of who initiated the altercation raised an issue of credibility as to which a reviewing court should not [764]*764substitute its judgment for that of the Hearing Officer (supra). We have reviewed petitioner’s other contentions and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

185 A.D.2d 763, 587 N.Y.S.2d 553, 1992 N.Y. App. Div. LEXIS 9927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-koehler-nyappdiv-1992.

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