Legal Opinion
Wanton v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1986PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
Petitioner’s arguments are limited to claims that he was denied due process by the manner in which the Superintendent’s proceeding was conducted, but fundamental to our review is the requirement that the record contain substantial evidence to support the determination of respondent Commissioner of Correctional Services (see, Matter of Alvarado v LeFevre, 111 AD2d 475, 476). We find such evidence lacking and, therefore, annul the determination.
The record contains a misbehavior report prepared and signed by Sergeant Charles Ripley, who arrived at the scene after the…
2Cases cited4 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Alvarado v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1985
- Hickman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by11 opinions
- Wynter v. JonesAppellate Division of the Supreme Court of the State of New York · 1987
- Kalonji v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
- Siders v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1988
- Carter v. KellyAppellate Division of the Supreme Court of the State of New York · 1990
- McIntosh v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
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