Appellate Division of the Supreme Court of New York, 1994

Fulford v. Coughlin

Fulford v. Coughlin
Appellate Division of the Supreme Court of New York · Decided April 28, 1994
203 A.D.2d 817; 612 N.Y.S.2d 971; 1994 N.Y. App. Div. LEXIS 4482
Fulford v. Coughlin

Opinion of the Court

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

We find that the record contains sufficient material to enable the Hearing Officer to independently assess the credibility of the confidential informants and the reliability of the information. There is no requirement that the Hearing Officer personally interview the confidential informants. This confidential information, as well as the testimony presented, provided substantial evidence to support the determination of guilt.

Cardona, P. J., White, Casey, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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