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MATTER OF OCASIO v. COUGHLIN

221 A.D.2d 1028 (1995)

634 N.Y.S.2d 288

In the Matter of Mario Ocasio, 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.

November 15, 1995

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We reject the contention of petitioner that the inmate misbehavior report, by itself, did not constitute substantial evidence in support of the determination that he violated two inmate rules (see, People ex rel. Vega v Smith, 66 N.Y.2d 130). The report alleges that petitioner engaged in conduct disturbing to the order of...

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