MATTER OF HOWARD v. CYR


211 A.D.2d 935 (1995)

621 N.Y.S.2d 950

In the Matter of Henry E. Howard, Petitioner, v. E. Cyr, as Correction Officer at Bare Hill Correctional Facility, et al., Respondents

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

January 12, 1995


Upon review of the record, we find that there is substantial evidence to support the determination finding petitioner guilty of leaving his assigned area in the prison without permission and of being out of place when, without permission, he left the infirmary and went to the mess hall. The misbehavior report combined with the testimony of the hearing witnesses were sufficient to establish petitioner's guilt. While petitioner disagrees with the resolution of certain credibility...

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