MATTER OF CARNEY v. COUGHLIN


210 A.D.2d 996 (1994)

621 N.Y.S.2d 1004

In the Matter of James Carney, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

December 23, 1994


Determination unanimously confirmed and petition dismissed.

Memorandum:

The determination that petitioner violated two inmate rules is supported by substantial evidence. A credibility issue was raised whether the coat in which a razor blade was found belonged to petitioner or another inmate. The Hearing Officer resolved that issue in respondent's favor, and there is no basis in the record to disturb that finding. Further, the finding that petitioner engaged...

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