Appellate Division of the Supreme Court of New York, 1994

Guivas v. Coughlin

Guivas v. Coughlin
Appellate Division of the Supreme Court of New York · Decided March 31, 1994
202 A.D.2d 928; 610 N.Y.S.2d 887; 1994 N.Y. App. Div. LEXIS 3049
Guivas v. Coughlin

Opinion of the Court

—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 Commissioner of Correctional *929Services which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we conclude that there was substantial evidence to support the determination finding petitioner guilty of assaulting another inmate. Petitioner claims that the Hearing Officer erred in relying upon certain confidential information. However, our in camera review of the confidential information reveals the requisite detailed, specific and corroborative evidence to enable the Hearing Officer to make an independent determination of credibility and the reliability of the information.

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

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