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MATTER OF DALEY v. COOMBE

241 A.D.2d 974 (1997)

667 N.Y.S.2d 140

In the Matter of Derrick Daley, 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.

July 3, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Respondent's determination that petitioner was guilty of refusing a direct order and failing to follow movement regulations is supported by substantial evidence. The written misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author and is "sufficiently relevant and probative to constitute substantial evidence" supporting the...

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