Legal Opinion
Leach v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992PublishedCited by 5 opinions
1Opinion of the Court
We first note that this proceeding should have been transferred to this court because petitioner raised the issue of whether the disposition was supported by substantial evidence (CPLR 7804 [g]). It is settled that substantial evidence in a CPLR article 78 proceeding can consist entirely of hearsay, and a written misbehavior report alone may serve as the evidentiary basis for a prison disciplinary determination (People ex rel. Vega v Smith, 66 NY2d 130, 139). In Vega, however, *1051the misbehavior reports described with specificity an incident witnessed by the author and were endorsed or…
2Cases cited5 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Harris v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
- Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
- Carter v. KellyAppellate Division of the Supreme Court of the State of New York · 1990
- Wanton v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- Allen v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- 49th Street Management Co. v. New York City Taxi & Limousine CommissionAppellate Division of the Supreme Court of the State of New York · 2000
- Cotto v. BautistaAppellate Division of the Supreme Court of the State of New York · 1998
- Aponte v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994