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Matter of Batson v. Doling

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 962 (N.Y. App. Div. 1998)

Opinion

September 17, 1998


Petitioner, a prison inmate, was served with two misbehavior reports charging him with violating various prison disciplinary rules. The charges stemmed from two incidents in which confidential sources observed petitioner directing others to assault several inmates. Following separate disciplinary hearings, petitioner was found guilty of two violations of the prison disciplinary rule that prohibits assault on another inmate.

Petitioner's subsequent administrative appeals proved unsuccessful, prompting him to commence this proceeding pursuant to CPLR article 78 to challenge the underlying determinations. We confirm. Initially, we find that there was sufficiently detailed information from which the Hearing Officer could independently assess the reliability of the confidential sources without the need for personal interviews ( see, Matter of Colon v. Goord, 245 A.D.2d 582, 584). Further, such confidential information, together with the evidence adduced at the respective hearings, constitutes substantial evidence of petitioner's guilt ( see, Matter of McClean v. Coombe, 242 A.D.2d 846, 847). Petitioner's remaining contentions, including his assertion that he was denied meaningful employee assistance, have been examined and found to be lacking in merit.

Cardona, P.J., Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur.

Adjudged that the determinations are confirmed, without costs, and petition dismissed.


Summaries of

Matter of Batson v. Doling

Appellate Division of the Supreme Court of New York, Third Department
Sep 17, 1998
253 A.D.2d 962 (N.Y. App. Div. 1998)
Case details for

Matter of Batson v. Doling

Case Details

Full title:In the Matter of FRED BATSON, Petitioner, v. RICHARD DOLING, as Hearing…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 962 (N.Y. App. Div. 1998)
678 N.Y.S.2d 918

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