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Acevedo v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1033 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Supreme Court, Erie County, Rath, Jr., J.

Present — Denman, P.J., Balio, Lawton, Fallon and Davis, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: The credibility of the eyewitness inmate's testimony regarding the assault of a fellow inmate was a matter for the Hearing Officer to resolve (see, Matter of Blyden v Mantello, 176 A.D.2d 1243; Matter of James v Coughlin, 170 A.D.2d 980). That testimony, which was credited by the Hearing Officer, constituted substantial evidence in support of the determination. Petitioner failed to preserve for review his remaining contentions that the inmate misbehavior report was not timely filed and was defective because it failed to provide a sufficient description of the event and lacked a sufficient endorsement (see, Matter of Benitez v Coughlin, 159 A.D.2d 986; Matter of Samuels v Kelly, 143 A.D.2d 506, lv denied 73 N.Y.2d 707). Moreover, the issues are devoid of merit.


Summaries of

Acevedo v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1033 (N.Y. App. Div. 1992)
Case details for

Acevedo v. Coughlin

Case Details

Full title:In the Matter of ANGEL ACEVEDO, Petitioner, v. THOMAS COUGHLIN, III, as…

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1033 (N.Y. App. Div. 1992)

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