From Casetext: Smarter Legal Research

Matter of Burnell v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 1061 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Wyoming County, Dadd, J.

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


Determination unanimously confirmed and petition dismissed. Memorandum: The misbehavior report and testimony of the correction officer constitute substantial evidence supporting the Hearing Officer's determination of guilt. The correction officer unequivocally identified petitioner as an inmate who attempted to persuade other inmates to join in the disturbance.

The off-the-record discussions did not violate petitioner's rights. The Hearing Officer communicated with the requested witnesses in order to determine whether they had knowledge of the incident. Based on those conversations, the Hearing Officer properly determined that the witnesses did not have such knowledge. That determination did not constitute the taking of evidence against petitioner and thus did not compromise his right to be present or his right to have evidence recorded.


Summaries of

Matter of Burnell v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 1061 (N.Y. App. Div. 1991)
Case details for

Matter of Burnell v. Coughlin

Case Details

Full title:In the Matter of GAYLORD BURNELL, Petitioner, v. THOMAS A. COUGHLIN, as…

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

Date published: Nov 15, 1991

Citations

177 A.D.2d 1061 (N.Y. App. Div. 1991)
578 N.Y.S.2d 68

Citing Cases

Matter of Williams v. Coughlin

Nor was petitioner denied due process by respondent's failure to record the June 28, 1991 session. With the…

Matter of Giakoumelos v. Coughlin

Finally, we find no prejudicial error in the failure of the Hearing Officer to disclose to petitioner the…