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Matter of Breland v. Coombe

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 960 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Pine, J.P., Lawton, Doerr, Boehm and Fallon, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: Respondent's determination that petitioner participated in a riot and assaulted another inmate is supported by substantial evidence. The written misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author. The misbehavior report is "sufficiently relevant and probative to constitute substantial evidence" supporting the determination ( People ex rel. Vega v. Smith, 66 N.Y.2d 130, 140). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Griffith, J.)


Summaries of

Matter of Breland v. Coombe

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 960 (N.Y. App. Div. 1997)
Case details for

Matter of Breland v. Coombe

Case Details

Full title:In the Matter of JAMES BRELAND, Petitioner, v. PHILIP COOMBE, JR., as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 960 (N.Y. App. Div. 1997)
661 N.Y.S.2d 557

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