MATTER OF BARRETO v. COOMBE


238 A.D.2d 657 (1997)

656 N.Y.S.2d 969

In the Matter of Angel Barreto, 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.

April 3, 1997


Pursuant to two misbehavior reports, petitioner was charged with violation of prison disciplinary rules prohibiting, inter alia, assault, fighting and possession of a weapon. After a combined hearing on both misbehavior reports, petitioner was found guilty of all charges. We find that there was substantial evidence to support the finding of guilt. Although the correction officers who testified at the hearing did not observe the fight, their testimony that petitioner...

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