Appellate Division of the Supreme Court of New York, 1988

Doe v. Kelly

Doe v. Kelly
Appellate Division of the Supreme Court of New York · Decided July 7, 1988
142 A.D.2d 1001; 530 N.Y.S.2d 420; 1988 N.Y. App. Div. LEXIS 15053
Doe v. Kelly

Opinion of the Court

Determination unanimously confirmed and petition dismissed. Memorandum: The misbehavior report, prepared by a correctional officer who was a witness to the incident in question, constitutes substantial evidence that petitioner violated institutional rules prohibiting fighting and disobeying an order of facility personnel (see, People ex rel. Vega v Smith, 66 NY2d 130). Matters of credibility are for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 NY2d 615; Matter of Curl v Kelly, 125 AD2d 948). (Appeal from 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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