From Casetext: Smarter Legal Research

Matter of Ricco v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 896 (N.Y. App. Div. 1993)

Opinion

October 1, 1993

Appeal from the Erie County Court, Wolf, Jr., J.

Present — Denman, P.J., Green, Balio, Boomer and Boehm, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: There is no merit to petitioner's contention that the Hearing Officer's determination that petitioner was guilty of smuggling was not supported by substantial evidence. Petitioner's involvement in smuggling was established by information from confidential informants and corroborated by an investigation undertaken by correction officers. A reasonable mind would accept such proof in support of the determination made by the Hearing Officer (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139).

The Hearing Officer was not disqualified under 7 NYCRR 254.1 solely because he was watch commander on the date of the misbehavior report. The record establishes that he had no personal knowledge of or involvement in the investigation (see, Matter of Brown v. Scully, 110 A.D.2d 835; see also, Matter of Marquez v. Mann, 188 A.D.2d 956; Matter of O'Neal v. Coughlin, 162 A.D.2d 826).

We have examined petitioner's other contentions and find them to be without merit.


Summaries of

Matter of Ricco v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 896 (N.Y. App. Div. 1993)
Case details for

Matter of Ricco v. Irvin

Case Details

Full title:In the Matter of ANTHONY RICCO, Petitioner, v. FRANK E. IRVIN, as…

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

Date published: Oct 1, 1993

Citations

197 A.D.2d 896 (N.Y. App. Div. 1993)
602 N.Y.S.2d 251

Citing Cases

Matter of Samuels v. Goord

We reject petitioner's contentions as meritless and accordingly confirm the challenged determination. First,…

In re Boswell v. Philip Coombe

By failing to raise that argument at the Tier III disciplinary hearing when appropriate remedial action could…