Murray v. Mann

Appellate Division of the Supreme Court of New York

Murray v. Mann

201 A.D.2d 822, 609 N.Y.S.2d 865, 1994 N.Y. App. Div. LEXIS 1173

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 822 (Murray v. Mann) 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

Murray v. Mann, 201 A.D.2d 822, 609 N.Y.S.2d 865, 1994 N.Y. App. Div. LEXIS 1173 (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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

We initially find that the Hearing Officer had a sufficient basis from which to make his own independent assessment of the confidential informant’s credibility. Furthermore, the misbehavior report, as well as the testimony of the various witnesses at the hearing, provide substantial evidence to support the determination of guilt. Any remaining contentions advanced by petitioner have been considered and found lacking in merit.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. [823]*823Adjudged 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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

We initially find that the Hearing Officer had a sufficient basis from which to make his own independent assessment of the confidential informant’s credibility. Furthermore, the misbehavior report, as well as the testimony of the various witnesses at the hearing, provide substantial evidence to support the determination of guilt. Any remaining contentions advanced by petitioner have been considered and found lacking in merit.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. [823]*823Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

201 A.D.2d 822, 609 N.Y.S.2d 865, 1994 N.Y. App. Div. LEXIS 1173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-mann-nyappdiv-1994.