Brown v. Coughlin

• Decision Date: 10 January 1991
• Citation: 169 A.D.2d 928,564 N.Y.S.2d 831
• Parties: In the Matter of Curtis BROWN, Petitioner, v. Thomas A. COUGHLIN, III, as Commissioner of the Department of Correctional Services, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 831

564 N.Y.S.2d 831

169 A.D.2d 928

In the Matter of Curtis BROWN, Petitioner, v. Thomas A. COUGHLIN, III, as Commissioner of the Department of Correctional Services, Respondent.

Supreme Court, Appellate Division, Third Department.

Jan. 10, 1991.

Mark J. Caruso, Albany, for petitioner.

Robert Abrams, Atty. Gen. (Joseph Koczaja, of counsel), Albany, for respondent.

Before CASEY, J.P., and MIKOLL, YESAWICH, LEVINE and MERCURE, JJ.

MEMORANDUM DECISION.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Although the misbehavior report was made by a correction officer who did not actually witness the assault, the report set forth the officer's conversation with the victim and the victim's identification of petitioner took place immediately after the assault. Under the circumstances, the report contained sufficient information of a relevant and probative nature to support the determination of guilt (see, Matter of Foster v. Coughlin, 156 A.D.2d 806, 549 N.Y.S.2d 223, affd 76 N.Y.2d 964, 563 N.Y.S.2d 728, 565 N.E.2d 477; Matter of Colon v. Coughlin, 147 A.D.2d 802, 537 N.Y.S.2d 680). Furthermore, any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v. Le Fevre, 150 A.D.2d 954, 541 N.Y.S.2d 868, lv. denied 74 N.Y.2d 615, 549 N.Y.S.2d 960, 549 N.E.2d 151).

Determination confirmed, and petition dismissed, without costs.