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MATTER OF NURSE v. MANN

199 A.D.2d 671 (1993)

605 N.Y.S.2d 975

In the Matter of Ernest Nurse, Petitioner, v. Louis F. Mann, as Superintendent of Shawangunk Correctional Facility, Respondent

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

December 9, 1993

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of attempting to inflict bodily harm on another inmate. Petitioner's contrary testimony at the hearing merely provided a credibility question for respondent to resolve.

Adjudged that the determination is confirmed, without costs,...

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