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MATTER OF POLANCO v. COUGHLIN

199 A.D.2d 786 (1993)

608 N.Y.S.2d 125

In the Matter of Wilfredo Polanco, Appellant, 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.

December 23, 1993

The misbehavior report, coupled with the testimony of the correction officer who wrote it and witnessed the incident, provide substantial evidence to support the finding of guilt. Determinations of credibility were for the Commissioner to resolve. We also note that although the substantial evidence issue was not clearly before Supreme Court in petitioner's pro se papers, and therefore no transfer occurred, an examination...

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