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Matter of Phillips v. Captain Krempasky

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 976 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(CPLR art 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.)

Present — Lawton, J. P., Hayes, Doerr, Balio and Fallon, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rule 113.12 ( 7 NYCRR 270.2 [B] [14] [iii] [use of controlled substance]) is supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). Petitioner's contentions that the Hearing Officer was not impartial and that the outcome of the hearing was based upon that lack of impartiality are not supported by the record (see, Matter of Dawes v. Selsky, 242 A.D.2d 907; Matter of McCoy v. Leonardo, 175 A.D.2d 358, 359).


Summaries of

Matter of Phillips v. Captain Krempasky

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 976 (N.Y. App. Div. 1997)
Case details for

Matter of Phillips v. Captain Krempasky

Case Details

Full title:In the Matter of SCOTT PHILLIPS, Petitioner, v. CAPTAIN KREMPASKY et al.…

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

Date published: Nov 19, 1997

Citations

244 A.D.2d 976 (N.Y. App. Div. 1997)
668 N.Y.S.2d 965