MATTER OF SMITH v. COUGHLIN


183 A.D.2d 1008 (1992)

In the Matter of Kirkland Smith, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

May 14, 1992


Although petitioner contended at the hearing that he never received a copy of the State-wide manual on standards of inmate behavior (see, Correction Law § 138 [2], [5]), he admitted that upon entry to the prison facility he signed a slip stating that he had received a copy of the manual. This issue essentially presented a question of credibility and the Hearing Officer was entitled to credit petitioner's admission to signing the slip over his unsupported contention...

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