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Matter of Gayle v. Bigness

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1994
207 A.D.2d 940 (N.Y. App. Div. 1994)

Opinion

September 22, 1994

Appeal from the Supreme Court, Franklin County.


Contrary to petitioner's assertions, substantial evidence supports the finding that he was guilty of providing unauthorized legal assistance. The evidence presented at the disciplinary hearing included the misbehavior report written by the correction officer stating that he observed petitioner type legal work and pass it to another inmate. The legal work was attached to the report. Petitioner's protestations of innocence presented questions of credibility which were for the Hearing Officer to resolve. Petitioner's remaining arguments have been considered and rejected as unpersuasive or unpreserved for review.

Mercure, J.P., Crew III, White, Casey and Weiss, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Gayle v. Bigness

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 1994
207 A.D.2d 940 (N.Y. App. Div. 1994)
Case details for

Matter of Gayle v. Bigness

Case Details

Full title:In the Matter of DAVID I. GAYLE, Petitioner, v. J.L. BIGNESS, as…

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

Date published: Sep 22, 1994

Citations

207 A.D.2d 940 (N.Y. App. Div. 1994)
616 N.Y.S.2d 1023

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