AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of ROBERT A. LAWRENCE, Petitioner, v. ERNEST EDWARDS, as Superintendent of the Otis

Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the petitioner's contention, the misbehavior report provided substantial evidence to support the determination finding him guilty of refusing to follow a direct order and making a false statement ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964; People ex rel. Vega v. Smith, 66 N.Y.2d 130). To the extent that the petitioner and the inmate witnesses disputed the statements of the correction officers in the misbehavior report, this presented an issue of credibility which was in the Hearing Officer's discretion to resolve ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615, 617; Matter of Vargas v. Strack, 220 A.D.2d 675).

The petitioner's remaining contentions are without merit.

S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF LAWRENCE v. EDWARDS
(May 3, 1999)