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MATTER OF JAMES v. HERBERT

265 A.D.2d 834 (1999)

696 N.Y.S.2d 607

In the Matter of TERRENCE JAMES, Petitioner, v. VICTOR HERBERT, as Superintendent of Collins Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided October 1, 1999.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination that petitioner violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xv]) is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 138). The Hearing Officer properly relied on the testimony of a correction officer, who was both knowledgeable and experienced with respect to the SYVA Emit...

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