MATTER OF MILLSON v. DEPARTMENT OF CORRECTIONAL SERVICES


274 A.D.2d 724 (2000)

711 N.Y.S.2d 800

In the Matter of CHARLES MILLSON, Petitioner, v. DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided July 13, 2000.


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits assaulting other inmates. Notwithstanding the lack of medical records concerning the victim's injuries, the misbehavior report, based in part upon a handwritten note from petitioner, together with petitioner's testimony that he assaulted another inmate provides substantial evidence to support the determination of petitioner's guilt (see, Matter of Foster v Coughlin,<...

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