MATTER OF McRAE v. LEONARDO


176 A.D.2d 421 (1991)

In the Matter of Donald McRae, Petitioner, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent

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

September 26, 1991


The misbehavior report, coupled with petitioner's testimony and the incident report, provided substantial evidence to support the determination that petitioner refused a direct order (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139-140). Any conflicting testimony by petitioner merely created an issue of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150...

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