MATTER OF MATA v. COOMBE


249 A.D.2d 670 (1998)

671 N.Y.S.2d 534

In the Matter of Antonio Mata, 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 9, 1998


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the administrative determination that found him guilty of violating the prison disciplinary rule which prohibits inmates from refusing to follow a direct order. Based upon our review of the record, we conclude that substantial evidence supports the determination of petitioner's guilt. The correction officer who authored the misbehavior report testified that after ascertaining that a loud voice...

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