MATTER OF VARELA v. COUGHLIN


203 A.D.2d 630 (1994)

610 N.Y.S.2d 103

In the Matter of Alberto Varela, Petitioner, v. Thomas A. Coughlin, 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.

April 7, 1994


Casey, J.

Based upon a misbehavior report alleging that a piece of metal was found in a bed leg during a routine search of petitioner's cell, petitioner was found guilty of possessing a weapon. Petitioner contends that the determination is not supported by substantial evidence. We agree.

Respondent Commissioner of Correctional Services is, of course, permitted to draw reasonable inferences from the evidence...

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