(Download) "Matter Rufus Melvin v. Walter R. Kelly" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Rufus Melvin v. Walter R. Kelly
- Author : Supreme Court of New York
- Release Date : January 23, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
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 A.D.2d 923; Collana v Perales, 123 A.D.2d 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 N.Y.2d 615; see also, People ex rel. Baptiste v Smith, 115 A.D.2d 225). Since the report contained a detailed account of the events giving rise to the charges, the determination was supported by substantial evidence and must be confirmed.