MATTER OF RODRIGUEZ v. COUGHLIN


167 A.D.2d 671 (1990)

In the Matter of David Rodriguez, 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 15, 1990


Based on the misbehavior report and the uncontroverted hearing testimony, which revealed that petitioner was among several inmates who refused to go back inside the facility when ordered to do so and that some of those inmates had picked up bricks from the yard, it was not unreasonable for the Hearing Officer to conclude that petitioner was engaged in conduct involving a threat of violence. As such, the determination was supported by substantial evidence (see, Matter...

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