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MATTER OF LITTLES v. KIRK

168 A.D.2d 757 (1990)

In the Matter of Ernest Littles, Petitioner, v. William S. Kirk, as Superintendent of Wallkill Correctional Facility, Respondent

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

December 13, 1990

Petitioner admitted at the hearing that, although he was given a direct order to be on time for the count, he arrived after the gate was closed and after the whistle for the count had been blown. This testimony, in addition to the misbehavior report, constitutes substantial evidence to support the determination that petitioner violated the disciplinary rules set forth in the first misbehavior report (see, Matter of Perez v Wilmot, 67 N.Y.2d...

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