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In the Matter of LEVITICUS BLYDEN, Petitioner, v. DOMINIC J. MANTELLO, as Superintendent of Wende Correctional Facility, Respondent.

Determination unanimously confirmed and petition dismissed. Memorandum: The determination was supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). The essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the testimony of the two correction officers, in addition to the written misbehavior report (see, Matter of Perez v Wilmot, 67 N.Y.2d 615). Contrary to petitioner's contention, there is no due process requirement that respondent videotape petitioner's alleged violent conduct.

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MATTER OF BLYDEN v. MANTELLO
(Oct 4, 1991)