Legal Opinion

Gonzalez v. Mann

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

Decided September 24, 1992PublishedCited by 4 opinions

1Opinion of the Court

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

We find merit in the contention that the Hearing Officer erred in denying petitioner’s request to call medical personnel who had treated the inmate allegedly assaulted by petitioner so that petitioner could elicit testimony as to the possibility that the injuries sustained were accidental. Given the failure of the…

2Cases cited5 opinions

  1. MATTER OF BARNES v. LeFevreNew York Court of Appeals · 1986
  2. Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Codrington v. MannAppellate Division of the Supreme Court of the State of New York · 1991
  4. Fox v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1985
  5. Wong v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by4 opinions

  1. Dawes v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001
  2. Afrika v. SelskyAppellate Division of the Supreme Court of the State of New York · 1993
  3. Townes v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Campbell v. HollinsAppellate Division of the Supreme Court of the State of New York · 1998

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