Matter of Johnson v. Irvin

Full title: In the Matter of TRAMEL JOHNSON, Petitioner, v. FRANK IRVIN, as…

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

Date published: Dec 31, 1998

256 A.D.2d 1145 (N.Y. App. Div. 1998)

685 N.Y.S.2d 144

Opinion

December 31, 1998

Appeal from the order of Supreme Court, Erie County, Buscaglia, J.

Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject petitioner's contention that the determination is not supported by substantial evidence ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). There is no merit to the contention of petitioner that he was improperly denied photographs necessary for his defense because the record establishes that there were no photographs. Petitioner was not denied a fair hearing by the Hearing Officer's refusal to play the entire video tape of the incident. The relevant portion of the video tape substantiating the charges was viewed, and the remainder of the video tape was either redundant or immaterial ( see, Matter of Sanchez v. Irvin, 186 A.D.2d 996, lv denied 81 N.Y.2d 702).

Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.