From Casetext: Smarter Legal Research

Matter of Blyden v. Mantello

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1243 (N.Y. App. Div. 1991)

Opinion

October 4, 1991

Appeal from the Supreme Court, Erie County, Gorski, J.

Present — Callahan, A.P.J., Boomer, Pine, Balio and Lawton, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: The determination was supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the testimony of the two correction officers, in addition to the written misbehavior report (see, Matter of Perez v Wilmot, 67 N.Y.2d 615). Contrary to petitioner's contention, there is no due process requirement that respondent videotape petitioner's alleged violent conduct.


Summaries of

Matter of Blyden v. Mantello

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 4, 1991
176 A.D.2d 1243 (N.Y. App. Div. 1991)
Case details for

Matter of Blyden v. Mantello

Case Details

Full title:In the Matter of LEVITICUS BLYDEN, Petitioner, v. DOMINIC J. MANTELLO, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 4, 1991

Citations

176 A.D.2d 1243 (N.Y. App. Div. 1991)

Citing Cases

Acevedo v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: The credibility of the eyewitness…