MATTER OF HERNANDEZ v. COOMBE


228 A.D.2d 760 (1996)

643 N.Y.S.2d 724

In the Matter of Abel Hernandez, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, et al., Respondents

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

June 6, 1996


As the result of an incident in which petitioner allegedly threw feces at the cell of another inmate, petitioner was found guilty of committing an unhygienic act. He challenges this determination arguing, inter alia, that it is not supported by substantial evidence. We find this contention to be without merit. The misbehavior report, coupled with the testimony of the correction officer who prepared it and who conducted his own independent investigation of the incident...

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