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MATTER OF MAISONAVE v. COUGHLIN

167 A.D.2d 578 (1990)

In the Matter of Edward Maisonave, Petitioner, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

November 1, 1990

The correction officer's misbehavior report and his testimony were based on his firsthand observations that petitioner refused a direct order and possessed a weapon and any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). Under the circumstances, the determination of guilt is supported...

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