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MATTER OF REYES v. McCLELLAN

232 A.D.2d 689 (1996)

647 N.Y.S.2d 1021

In the Matter of Jose Reyes, Petitioner, v. R. J. McClellan, as Superintendent of The Southport Correctional Facility, et al., Respondents

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

October 10, 1996

Petitioner was found guilty of verbal harassment and refusing to obey a direct order. He contends that this determination is not supported by substantial evidence. We disagree. The misbehavior report was "sufficiently relevant and probative" to support the determination (Matter of Perez v Wilmot, 67 N.Y.2d 615, 616-617; see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966). It was...

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