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MATTER OF SILVA v. COUGHLIN

187 A.D.2d 763 (1992)

In the Matter of Gilberto Silva, Petitioner, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

November 5, 1992

We find that the misbehavior report, coupled with the testimony of the correction officer who authored the report and witnessed the incident, established that petitioner exchanged punches with another inmate and thus provided substantial evidence to support the Hearing Officer's finding of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Petitioner's reliance on Matter of Parker...

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