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MATTER OF CRUZ v. COUGHLIN

195 A.D.2d 1037 (1993)

600 N.Y.S.2d 861

In the Matter of Rafael Cruz, 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, Fourth Department.

July 16, 1993

Determination confirmed and petition dismissed.

Memorandum:

Respondents' determination that petitioner participated in a riot is supported by substantial evidence. In addition to the misbehavior report, which stated that petitioner was observed participating in the take-over of A-Block yard, the correction officer who authored the report testified at the hearing that he observed petitioner, whom he knew, actively...

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