Davies v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Determination unanimously confirmed and petition dismissed. Memorandum: The determination made at petitioner’s Tier III disciplinary hearing that petitioner violated inmate rule 108.14 (7 NYCRR 270.2 [B] [9] [v]) is supported by substantial evidence (see, Matter of Foster v Coughlin, 76 NY2d 964). Moreover, we conclude that petitioner was not deprived of his right to call witnesses; the Hearing Officer made a meaningful effort to locate and produce those witnesses (see, Matter of Salcedo v Coughlin, 197 AD2d 729). Finally, we reject the contention that petitioner was deprived of due process…
2Cases cited3 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Jenkins v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Salcedo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Parker v. LaundreeAppellate Division of the Supreme Court of the State of New York · 1996
- Matter of Gentry v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2023