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MATTER OF BELLADONNA v. COUGHLIN

154 A.D.2d 906 (1989)

In the Matter of Paul Belladonna, Petitioner, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, Respondent

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

October 6, 1989

Determination unanimously annulled on the law and petition granted.

Memorandum:

The determination of the Hearing Officer that petitioner violated inmates rules 113.15 (7 NYCRR 270.1 [b] [14] [vii]) and 180.21 (7 NYCRR 270.1 [b] [22] [ii]) is not supported by substantial evidence and therefore it must be nullified and expunged from petitioner's record (see, People ex rel. Vega v Smith, 66 N.Y.2d 130).

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