Blake v. Coombe — 226 A.D.2d 1123

Majority

p. 1123

In the Matter of Al Blake, Petitioner, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent.

[642 NYS2d 831]

Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject the argument of petitioner that he was denied the right to call a witness at the disciplinary hearing. The record does not establish that petitioner requested the testimony of that witness at the disciplinary hearing (see, Matter of Gomez v Coughlin, 140 AD2d 902 , 904).

The determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]), prohibiting possession of a weapon by an inmate, is supported by substantial evidence. Petitioner’s denial of the charge raised an issue of credibility, which the Hearing Officer resolved against petitioner (see, Matter of Perez v Wilmot, 67 NY2d 615 , 617). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.

Cases cited

Gomez v. Coughlin 140 AD2d 902 N.Y. App. Div. 1988-05-26 at 904 p. 1123
Perez v. Wilmot 67 NY2d 615 N.Y. 1986-01-14 at 617 p. 1123