Nurse v. Mann

Appellate Division of the Supreme Court of New York

Nurse v. Mann

199 A.D.2d 671, 605 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 11798

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

DecidedDecember 9, 1993

StatusPublished

This text of 199 A.D.2d 671 (Nurse 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

Nurse v. Mann, 199 A.D.2d 671, 605 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 11798 (N.Y. Ct. App. 1993).

Pincite

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 which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of attempting to inflict bodily harm on another inmate. Petitioner’s contrary testimony at the hearing merely provided a credibility question for respondent to resolve.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, 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 which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of attempting to inflict bodily harm on another inmate. Petitioner’s contrary testimony at the hearing merely provided a credibility question for respondent to resolve.

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

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Bluebook (online)

199 A.D.2d 671, 605 N.Y.S.2d 975, 1993 N.Y. App. Div. LEXIS 11798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nurse-v-mann-nyappdiv-1993.