Blyden v. Mantello
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 was supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 NY2d 130, 139). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the testimony of the two correction officers, in addition to the written misbehavior report (see, Matter of *1244Perez v Wilmot, 67 NY2d 615). Contrary to petitioner’s contention, there is no due process requirement that respondent videotape petitioner’s alleged violent conduct. (Article 78 Proceeding…
2Cases cited2 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Perez v. WilmotNew York Court of Appeals · 1986
3Cited by1 opinion
- Acevedo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992