MATTER OF BARNES v. COUGHLIN


206 A.D.2d 734 (1994)

614 N.Y.S.2d 942

In the Matter of Derrick Barnes, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The State Department of Correctional Services, et al., Respondents

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

July 21, 1994


Upon review of the record, we conclude that there is substantial evidence to support the determination finding petitioner guilty of violating inmate rules prohibiting threats, violent conduct and creating a disturbance. The misbehavior report, authored by an eyewitness to the events in question who also testified at the hearing, was sufficient by itself to establish the charges in question. The remaining arguments raised by petitioner have been examined and found to be similarly...

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