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In the Matter of John Noriega, Petitioner, v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent

New York Supreme Court, Appellate Division2000-03-29
270 A.D.2d 954705 N.Y.S.2d 305

Authorities cited

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Opinion

majority opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report and the testimony of its author, together with confidential information and exhibits, constitute substantial evidence supporting the determination that petitioner violated various inmate rules. “[T]he disciplinary authorities have offered such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (Matter of Bryant v Coughlin, 77 NY2d 642, 647, citing People ex rel. Vega v Smith, 66 NY2d 130, 139). The denials of petitioner and his witnesses that petitioner committed the underlying acts raised a credibility issue for the Hearing Officer to resolve (see, Matter of Foster v Coughlin, 76 NY2d 964, 966). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.