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MATTER OF LICASTRO v. COUGHLIN

154 A.D.2d 938 (1989)

In the Matter of Santo Licastro, Petitioner, v. Thomas A. Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

October 6, 1989

Determination unanimously confirmed and petition dismissed.

Memorandum:

The misbehavior report filed by Correction Sergeant McKernon, together with the sergeant's testimony at the Tier III hearing, constituted substantial evidence supporting the determination that petitioner violated the institutional rules with which he was charged (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). Moreover, petitioner concedes...

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