Legal Opinion
Vega v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2012PublishedCited by 14 opinions
1Opinion of the Court
Petitioner contends that he was denied a fair and impartial hearing, primarily because the Hearing Officer was the watch commander and was allegedly involved in the investigation of *992the incidents leading to the misbehavior report.* We find this argument to be without merit. Although the Hearing Officer conceded that he acted as the watch commander and knew of the incidents, he stated that he did not witness the events and did not participate in the investigation. Given that the Hearing Officer did not “actually witness[ ] the incident[s],” was not “directly involved in the incident[s],” and…
2Cases cited5 opinions
- Truman v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Parker v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Arnold v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Caraway v. HerbertAppellate Division of the Supreme Court of the State of New York · 2001
- Grant v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by14 opinions
- Wright v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Gaston v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Burr v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Barnes v. LeeAppellate Division of the Supreme Court of the State of New York · 2017
- Bellinger v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2014
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