MATTER OF BURNELL v. COUGHLIN


177 A.D.2d 1061 (1991)

In the Matter of Gaylord Burnell, Petitioner, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

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

November 15, 1991


Determination unanimously confirmed and petition dismissed.

Memorandum:

The misbehavior report and testimony of the correction officer constitute substantial evidence supporting the Hearing Officer's determination of guilt. The correction officer unequivocally identified petitioner as an inmate who attempted to persuade other inmates to join in the disturbance.

The off-the-record discussions did not violate petitioner's rights. The Hearing Officer...

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