Wade v. Coombe

Appellate Division of the Supreme Court of New York

Wade v. Coombe

241 A.D.2d 977, 666 N.Y.S.2d 1023, 1997 N.Y. App. Div. LEXIS 7954

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

DecidedJuly 3, 1997

StatusPublished

Cited by6 cases

This text of 241 A.D.2d 977 (Wade v. Coombe) 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

Wade v. Coombe, 241 A.D.2d 977, 666 N.Y.S.2d 1023, 1997 N.Y. App. Div. LEXIS 7954 (N.Y. Ct. App. 1997).

Pincite

Opinion

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and admissions of petitioner at his Tier III hearing constitute substantial evidence supporting the determination of guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Malloy v Coughlin, 187 AD2d 1038). “[P]etitioner’s exculpatory explanation [regarding the incident] merely presented a credibility question for the Hearing Officer to resolve” (Matter of Islar v Coombe, 226 AD2d 851; see, Matter of Dotson v Coughlin, 191 AD2d 912, 913, lv denied 82 NY2d 651).

There is no support in the record for the contention of petitioner that the determination of the Hearing Officer was influenced by his bias against petitioner. “The mere fact that the Hearing Officer ruled against the petitioner is insufficient to establish bias” (Matter of Martinez v Scully, 194 AD2d 679, 680; see, Matter of Parker v Coughlin, 211 AD2d 929).

We have reviewed petitioner’s remaining contention and conclude that it is without merit (see, Matter of Green v Coombe, 233 AD2d 659; Matter of Mulero v Coughlin, 216 AD2d 568, 569). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Green, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and admissions of petitioner at his Tier III hearing constitute substantial evidence supporting the determination of guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Malloy v Coughlin, 187 AD2d 1038). “[P]etitioner’s exculpatory explanation [regarding the incident] merely presented a credibility question for the Hearing Officer to resolve” (Matter of Islar v Coombe, 226 AD2d 851; see, Matter of Dotson v Coughlin, 191 AD2d 912, 913, lv denied 82 NY2d 651).

There is no support in the record for the contention of petitioner that the determination of the Hearing Officer was influenced by his bias against petitioner. “The mere fact that the Hearing Officer ruled against the petitioner is insufficient to establish bias” (Matter of Martinez v Scully, 194 AD2d 679, 680; see, Matter of Parker v Coughlin, 211 AD2d 929).

We have reviewed petitioner’s remaining contention and conclude that it is without merit (see, Matter of Green v Coombe, 233 AD2d 659; Matter of Mulero v Coughlin, 216 AD2d 568, 569). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Green, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

241 A.D.2d 977, 666 N.Y.S.2d 1023, 1997 N.Y. App. Div. LEXIS 7954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-coombe-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack