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MATTER OF WADE v. COOMBE

241 A.D.2d 977 (1997)

666 N.Y.S.2d 1023

In the Matter of Quincy Wade, 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:

The misbehavior report and admissions of petitioner at his Tier III hearing constitute substantial evidence supporting the determination of guilt (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; Matter of Malloy v Coughlin, 187 A.D.2d 1038). "[P]etitioner's exculpatory explanation...

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