Legal Opinion

Porter v. Irvin

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

Decided July 15, 1994PublishedCited by 4 opinions

1Opinion of the Court

Determinations unanimously confirmed and petition dismissed. Memorandum: Petitioner challenges two disciplinary determinations. In each disciplinary proceeding, the misbehavior reports written by prison employees constituted substantial evidence of the violations in question (see, Matter of Perez v Wilmot, 67 NY2d 615, 616-617). The record of the first proceeding contains no evidence that the Hearing Officer was biased or that petitioner was prevented from calling witnesses.

The second proceeding involves charges arising out of the May 1991 riots at the Southport Correctional Facility.…

2Cases cited3 opinions

  1. Perez v. WilmotNew York Court of Appeals · 1986
  2. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1993
  3. Porter v. CuomoAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by4 opinions

  1. Porter v. CoughlinCourt of Appeals for the Second Circuit · 2005
  2. Porter v. CoughlinCourt of Appeals for the Second Circuit · 2005
  3. Porter v. CoughlinDistrict Court, W.D. New York · 1997
  4. Caroselli v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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