Perez v. McClellan

Appellate Division of the Supreme Court of New York

Perez v. McClellan

197 A.D.2d 812, 604 N.Y.S.2d 828, 1993 N.Y. App. Div. LEXIS 10117

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

DecidedOctober 28, 1993

StatusPublished

Cited by1 cases

This text of 197 A.D.2d 812 (Perez v. McClellan) 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

Perez v. McClellan, 197 A.D.2d 812, 604 N.Y.S.2d 828, 1993 N.Y. App. Div. LEXIS 10117 (N.Y. Ct. App. 1993).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional [813]*813Services which found petitioner guilty of violating certain prison disciplinary rules.

The record as a whole affords an adequate basis for the Hearing Officer’s determination that petitioner was sufficiently well-versed in English to understand and knowledgeably participate in his hearing. There was therefore no error in the Hearing Officer’s decision not to provide a translator. There is also substantial evidence to support the finding of guilt.

Weiss, P. J., Mikoll, Yesawich Jr., Crew III and Cardona, 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 Chemung County) to review a determination of respondent Commissioner of Correctional [813]*813Services which found petitioner guilty of violating certain prison disciplinary rules.

The record as a whole affords an adequate basis for the Hearing Officer’s determination that petitioner was sufficiently well-versed in English to understand and knowledgeably participate in his hearing. There was therefore no error in the Hearing Officer’s decision not to provide a translator. There is also substantial evidence to support the finding of guilt.

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

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Bluebook (online)

197 A.D.2d 812, 604 N.Y.S.2d 828, 1993 N.Y. App. Div. LEXIS 10117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-mcclellan-nyappdiv-1993.

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