MATTER OF JOYCE v. LEONARDO


204 A.D.2d 927 (1994)

612 N.Y.S.2d 976

In the Matter of Donald P. Joyce, Petitioner, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

May 26, 1994


Substantial evidence exists in the record to support respondents' determinations that petitioner refused a direct order, violated count procedure and threatened a correction officer. Any conflict in the testimony merely presented a credibility question for the Hearing Officer to resolve. In addition, as petitioner did in fact obtain the documents he requested, any claim with respect thereto is meritless. We also note that respondent Commissioner of Correctional Services has...

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