Legal Opinion

Davies v. Johnson

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

Decided April 15, 1994PublishedCited by 2 opinions

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

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Jenkins v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  3. Salcedo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by2 opinions

  1. Parker v. LaundreeAppellate Division of the Supreme Court of the State of New York · 1996
  2. Matter of Gentry v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2023

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