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Matter of Hernandez v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 760 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, Albany County.


As the result of an incident in which petitioner allegedly threw feces at the cell of another inmate, petitioner was found guilty of committing an unhygienic act. He challenges this determination arguing, inter alia, that it is not supported by substantial evidence. We find this contention to be without merit. The misbehavior report, coupled with the testimony of the correction officer who prepared it and who conducted his own independent investigation of the incident, provide substantial evidence supporting the determination. Petitioner was not entitled to access to information provided by the confidential source in this case and such information did not, in any event, provide a basis for the administrative determination. We have considered petitioner's other claims and find that they are either unpreserved for review or lacking in merit.

Cardona, P.J., Crew III, White, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Hernandez v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 760 (N.Y. App. Div. 1996)
Case details for

Matter of Hernandez v. Coombe

Case Details

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

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 760 (N.Y. App. Div. 1996)
643 N.Y.S.2d 724

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