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MATTER OF WASHINGTON v. COOMBE

226 A.D.2d 792 (1996)

639 N.Y.S.2d 966

In the Matter of Michael Washington, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, Respondent

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

April 4, 1996

Petitioner became involved in a fight with another inmate and was subsequently found guilty of assault and violating a direct order. He argues that, because he was acting in self-defense, the administrative determination is not supported by substantial evidence. We disagree. The correction officer who authored the misbehavior report and witnessed the incident testified that petitioner and the other inmate were equally engaged in...

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