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MATTER OF DOE v. KELLY

142 A.D.2d 1001 (1988)

In the Matter of Anthony Doe, Petitioner, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

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

July 7, 1988

Determination unanimously confirmed and petition dismissed.

Memorandum:

The misbehavior report, prepared by a correctional officer who was a witness to the incident in question, constitutes substantial evidence that petitioner violated institutional rules prohibiting fighting and disobeying an order of facility personnel (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). Matters of credibility are for the Hearing...

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