MATTER OF FRANCISCO v. COOMBE


231 A.D.2d 917 (1996)

648 N.Y.S.2d 360

In the Matter of Nelson Francisco, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent

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

September 27, 1996


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We reject the contention of petitioner that the determination is unsupported by substantial evidence. The misbehavior report, signed by a correction officer who stated that he observed petitioner throw a large piece of concrete at another inmate, constitutes substantial evidence to support the determination that petitioner violated inmate rules 100.10, 104.11 and 106.10 ...

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