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Matter of Melvin v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 525 (N.Y. App. Div. 1988)

Opinion

September 27, 1988

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

Present — Denman, J.P., Green, Pine, Lawton and Davis, JJ.


Judgment vacated on the law, determination unanimously confirmed and petition dismissed. Memorandum: Petitioner appeals from a judgment which dismissed his CPLR article 78 proceeding challenging the determination of a Tier II disciplinary hearing that he violated two inmate rules. Since the issue raised is whether the determination is supported by substantial evidence, Special Term should have transferred the matter to this court (CPLR 7804 [g]). The matter now being before us, however, we may decide the issue de novo (see, Matter of Smith v Coughlin, 111 A.D.2d 503). Petitioner's admission to one of the charges and the correction officer's misbehavior report with respect to the other constitute substantial evidence in support of the determination (People ex rel. Vega v Smith, 66 N.Y.2d 130).


Summaries of

Matter of Melvin v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 525 (N.Y. App. Div. 1988)
Case details for

Matter of Melvin v. Smith

Case Details

Full title:In the Matter of RUFUS MELVIN, Appellant, v. HAROLD J. SMITH, as…

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

Date published: Sep 27, 1988

Citations

143 A.D.2d 525 (N.Y. App. Div. 1988)