MATTER OF MABRY v. COUGHLIN


196 A.D.2d 931 (1993)

601 N.Y.S.2d 975

In the Matter of Bobby Mabry, Petitioner, v. Thomas A. Coughlin, III, 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.

September 23, 1993


Petitioner was found guilty after a Superintendent's hearing of violating rules prohibiting assault on staff and refusal of a direct order. After affirmance on administrative appeal, petitioner commenced this proceeding contending that the determination is not supported by substantial evidence and that other errors require annulment.

The misbehavior report written by Correction Officer William Bishop stated that petitioner refused to step back into his cell as ordered...

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