MATTER OF SMITH v. COOMBE


234 A.D.2d 837 (1996)

651 N.Y.S.2d 942

In the Matter of Frank Smith, Petitioner, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, Respondent

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

December 19, 1996


While an inmate at Eastern Correctional Facility in Ulster County, petitioner was charged with, and ultimately found guilty of, violating prison disciplinary rules prohibiting assault on other inmates and fighting. Petitioner challenges this determination, which was administratively affirmed, on the ground that it is not supported by substantial evidence. This argument lacks merit.

The inmate misbehavior report, coupled with petitioner's own testimony, constitute...

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