From Casetext: Smarter Legal Research

Matter of Nurse v. Mann

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1993
199 A.D.2d 671 (N.Y. App. Div. 1993)

Opinion

December 9, 1993

Appeal from the Supreme Court, Albany County.


Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of attempting to inflict bodily harm on another inmate. Petitioner's contrary testimony at the hearing merely provided a credibility question for respondent to resolve.

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


Summaries of

Matter of Nurse v. Mann

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1993
199 A.D.2d 671 (N.Y. App. Div. 1993)
Case details for

Matter of Nurse v. Mann

Case Details

Full title:In the Matter of ERNEST NURSE, Petitioner, v. LOUIS F. MANN, as…

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

Date published: Dec 9, 1993

Citations

199 A.D.2d 671 (N.Y. App. Div. 1993)
605 N.Y.S.2d 975