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Matter of Ayala v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1996
227 A.D.2d 752 (N.Y. App. Div. 1996)

Opinion

May 9, 1996

Appeal from the Supreme Court, Clinton County.


While an inmate at Clinton Correctional Facility in Clinton County, petitioner was found guilty of assaulting another inmate, engaging in violent conduct and disturbing the order of the facility. He argues that this determination is not supported by substantial evidence. We disagree. Petitioner testified that he was in his cell having breakfast at the time of the incident and an inmate with whom he was having breakfast corroborated his testimony. However, a confidential informant, who was personally interviewed by the Hearing Officer, directly implicated petitioner and his breakfast companion in the assault. It was for the Hearing Officer to assess the credibility of this conflicting testimony. Accordingly, we find that substantial evidence supports the administrative determination. Petitioner's remaining arguments have been considered and rejected as unpersuasive.

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


Summaries of

Matter of Ayala v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1996
227 A.D.2d 752 (N.Y. App. Div. 1996)
Case details for

Matter of Ayala v. Coombe

Case Details

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

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

Date published: May 9, 1996

Citations

227 A.D.2d 752 (N.Y. App. Div. 1996)
642 N.Y.S.2d 98

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