SILVERA v. STATE OF NEW YORK


306 A.D.2d 269 (2003)

761 N.Y.S.2d 243

KEITH SILVERA, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 100838.)

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

Decided June 2, 2003.


Ordered that the judgment is affirmed, without costs or disbursements.

The weight of the evidence supports the view that another inmate may have initially blamed the claimant for two fires that occurred in that inmate's cell in 1998. However, the claimant's own testimony establishes that prison officials later determined that it was "impossible" for the claimant to have been involved in those fires. Thus, the weight of the evidence does not support the inference that...

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