In the Matter of Edward J. Collins (2024)

Citation: In the Matter of Edward J. Collins (2024)
Parent Document: In the Matter of Edward J. Collins (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-09-20
Original Source: https://www.courtlistener.com/opinion/10281485/in-the-matter-of-edward-j-collins/ ↗

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In assessing the single justice's decision, we are mindful that "[t]he subsidiary facts found by the board must be upheld 'if supported by substantial evidence'" in the record, that is, by such evidence "as a reasonable mind might accept as adequate to support" a conclusion.  Matter of Zankowski, 487 Mass. at 144, 145, quoting S.J.C. Rule 4:01, § 8 (6); Matter of Slavitt, 449 Mass. 25, 30 (2007), quoting G. L. c. 30A, § 1 (6).  What is more, "[t]he hearing committee . . . is the sole judge of credibility."  Matter of Diviacchi, 475 Mass. 1013, 1018-1019 (2016), quoting Matter of McBride, 449 Mass. 154, 161-162 (2007).  As to its conclusions regarding the alleged violations, "the hearing committee's ultimate findings and recommendations, as adopted by the board, are entitled to deference, although they are not binding on this court" (quotation and citation omitted).  Matter of Diviacchi, supra at 1019.

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