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MATTER OF JAMES v. COUGHLIN

170 A.D.2d 980 (1991)

In the Matter of Melvin James, 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.

February 1, 1991

Determinations unanimously confirmed and petition dismissed.

Memorandum:

The determinations that petitioner violated institutional rules on May 20, 1989 and July 6, 1989 are supported by substantial evidence contained in the misbehavior reports of each incident (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). The testimony of petitioner and his witnesses raised issues of credibility which were for the Hearing...

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