Walker v. Coughlin

Appellate Division of the Supreme Court of New York

Walker v. Coughlin

152 A.D.2d 1011, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 9982

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1989·Published

Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner’s sole claim in this proceeding is that the Hearing Officer’s determination was not supported by substantial evidence. Whether petitioner, an inmate at Attica Correctional Facility, refused to submit to a urinalysis test was a matter of credibility for the Hearing Officer (Matter of Perez v Wilmot, 67 NY2d 615; Matter of Summer v Kelly, 139 AD2d 972, Iv denied 72 NY2d 804), and there was substantial evidence to support the Officer’s determination. (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

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Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner’s sole claim in this proceeding is that the Hearing Officer’s determination was not supported by substantial evidence. Whether petitioner, an inmate at Attica Correctional Facility, refused to submit to a urinalysis test was a matter of credibility for the Hearing Officer (Matter of Perez v Wilmot, 67 NY2d 615; Matter of Summer v Kelly, 139 AD2d 972, Iv denied 72 NY2d 804), and there was substantial evidence to support the Officer’s determination. (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

Walker v. Coughlin, 152 A.D.2d 1011, 544 N.Y.S.2d 734, 1989 N.Y. App. Div. LEXIS 9982 (N.Y. Ct. App. 1989).

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152 A.D.2d 1011 (Walker v. Coughlin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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