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MATTER OF BRELAND v. COOMBE

238 A.D.2d 960 (1997)

661 N.Y.S.2d 557

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

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

April 25, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Respondent's determination that petitioner participated in a riot and assaulted another inmate is supported by substantial evidence. The written misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author. The misbehavior report is "sufficiently relevant and probative to constitute substantial...

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