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Matter of Smith v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 762 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, Chemung County.


Petitioner, a prison inmate, was charged with cutting another inmate with a razor-type weapon. After a disciplinary hearing, he was found guilty of violent conduct and assaulting another inmate. He argues that this determination is not supported by substantial evidence. We disagree. The record discloses that the Hearing Officer relied upon information provided by a confidential informant which directly implicated petitioner in the attack. The Hearing Officer made an adequate inquiry as to the reliability of this information. Accordingly, we find no reason to disturb the administrative determination.

Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Smith v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 762 (N.Y. App. Div. 1996)
Case details for

Matter of Smith v. Coombe

Case Details

Full title:In the Matter of MARTIN SMITH, Petitioner, v. PHILIP COOMBE, JR., as…

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 762 (N.Y. App. Div. 1996)
643 N.Y.S.2d 426

Citing Cases

Matter of Wilson v. Coombe

In the present case, the Hearing Officer personally interviewed the confidential informant who witnessed the…