Legal Opinion
Melvin v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1987PublishedCited by 12 opinions
1Opinion of the Court
Judgment unanimously vacated, on the law, determination confirmed, and petition dismissed. Memorandum: The court erred by failing to transfer the substantial evidence question to this court (CPLR 7804 [g]). We have considered this question as if properly transferred (Matter of Lahey v Kelly, 125 AD2d 923; Collana v Perales, 123 AD2d 493).
The Hearing Officer was entitled to credit the charging officer’s report even though the officer did not testify and his account differed from that of petitioner and two inmate witnesses (see, Matter of Perez v Wilmot, 67 NY2d 615; see also, People ex rel.…
2Cases cited5 opinions
- Perez v. WilmotNew York Court of Appeals · 1986
- Lahey v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
- Samuels v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1986
- Collana v. PeralesAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Baptiste v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by12 opinions
- Reveron v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Vigliotti v. DuncanAppellate Division of the Supreme Court of the State of New York · 2004
- Benesch v. Village of ClaytonAppellate Division of the Supreme Court of the State of New York · 1992
- Lynch v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- State Division of Human Rights v. YMCAAppellate Division of the Supreme Court of the State of New York · 1988
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