Benjamin Rivera v. Keane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the petitioner’s contention, the misbehavior report and the hearing evidence provided substantial evidence to support the determination finding him guilty of violent conduct, possession of a weapon, and damaging property (see, Matter of Bryant v Coughlin, 77 NY2d 642; Matter of Foster v Coughlin, 76 NY2d 964; Matter of Vogelsang v Coombe, 105 AD2d 913, affd 66 NY2d 835).
The petitioner contends that his due process rights were violated due to the absence from the misbehavior report of the signatures of other correction officers who witnessed the incident. The petitioner has failed…
2Cases cited7 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Bryant v. CoughlinNew York Court of Appeals · 1991
- Vogelsang v. CoombeNew York Court of Appeals · 1985
- Vogelsang v. CoombeAppellate Division of the Supreme Court of the State of New York · 1984
- Smith v. WalkerAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by3 opinions
- Rivera v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
- Caviano v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Grigger v. GoordAppellate Division of the Supreme Court of the State of New York · 2007