Legal Opinion
Nicholas v. Herbert
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1993PublishedCited by 2 opinions
1Opinion of the Court
Determination unanimously confirmed and petition dismissed. Memorandum: Respondent’s determination finding petitioner guilty of harassing a correction officer and being out of place in the facility is supported by substantial evidence. The misbehavior report is sufficiently relevant and probative to support the findings of the Hearing Officer (see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; Matter of Perez v Wilmot, 67 NY2d 615, 616; People ex rel. Vega v Smith, 66 NY2d 130).
There is no merit to petitioner’s contention that inmate rule 107.11 (7 NYCRR 270.2 [B] [8] [ii]), which prohibits…
2Cases cited5 opinions
- Turner v. SafleySupreme Court of the United States · 1987
- O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Perez v. WilmotNew York Court of Appeals · 1986
- Bryant v. CoughlinNew York Court of Appeals · 1991
3Cited by2 opinions
- Saunders v. La BombardAppellate Division of the Supreme Court of the State of New York · 1999
- Saunders v. La BombardAppellate Division of the Supreme Court of the State of New York · 1999