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Matter of Codrington v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 1012 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Wyoming County, Bayger, J.

Present — Dillon, P.J., Callahan, Green, Balio and Lawton, JJ.


Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: Because the essential issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term should not have decided the matter and instead, should have transferred it to this court (see, CPLR 7804 [g]). However, we may consider the matter as if it had been properly transferred (Matter of McKins v Coughlin, 142 A.D.2d 987).

Whether Correction Officer Mussar authorized petitioner to delete names from the facility law library call-out list was a credibility issue for the Hearing Officer to resolve (Matter of Perez v Wilmot, 67 N.Y.2d 615; Matter of McKins v Coughlin, supra; Matter of Summer v Kelly, 139 A.D.2d 972, lv denied 72 N.Y.2d 804). The Hearing Officer credited Mussar's version, and the Hearing Officer's determination of guilt is supported by substantial evidence.


Summaries of

Matter of Codrington v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 1012 (N.Y. App. Div. 1989)
Case details for

Matter of Codrington v. Kelly

Case Details

Full title:In the Matter of ROBERT CODRINGTON, Appellant, v. WALTER R. KELLY, as…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 1012 (N.Y. App. Div. 1989)