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Matter of Summer v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 972 (N.Y. App. Div. 1988)

Opinion

April 8, 1988

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

Present — Doerr, J.P., Denman, Boomer, Pine and Davis, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner's contention that the Hearing Officer's decision was not supported by substantial evidence is without merit; whether petitioner was the inmate who assaulted the correction officer was a matter of credibility for the Hearing Officer's determination (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Curl v. Kelly, 125 A.D.2d 948). Further, there is no merit to petitioner's claim that his due process rights were violated by the failure to notify him of the possible range of penalties that could be imposed against him (Matter of Coleman v. Kelly, 130 A.D.2d 976, appeal dismissed and lv granted 70 N.Y.2d 733), nor do we find petitioner's penalty excessive in view of the serious nature of the offense (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222).


Summaries of

Matter of Summer v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 972 (N.Y. App. Div. 1988)
Case details for

Matter of Summer v. Kelly

Case Details

Full title:In the Matter of ALVIN SUMMER, Petitioner, v. WALTER R. KELLY, as…

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

Date published: Apr 8, 1988

Citations

139 A.D.2d 972 (N.Y. App. Div. 1988)

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