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Matter of Mack v. Ryan

Appellate Division of the Supreme Court of New York, Third Department
Sep 7, 1995
219 A.D.2d 747 (N.Y. App. Div. 1995)

Opinion

September 7, 1995

Appeal from the Supreme Court, Chemung County.


Petitioner, a prison inmate, was found guilty of violating disciplinary rules prohibiting the refusal of a direct order, verbal interference with an employee, the refusal of staff directions relating to movement and the misuse of State property as the result of an incident in which he was uncooperative with correction officers who were attempting to escort him to recreation. We reject petitioner's argument that the administrative determination is not supported by substantial evidence in the record. The misbehavior report, prepared by the correction officer who had difficulty with petitioner, as well as the testimony of another correction officer who witnessed the event, provide substantial evidence supporting the determination. Accordingly, the determination is confirmed.

Mikoll, J.P., Mercure, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Mack v. Ryan

Appellate Division of the Supreme Court of New York, Third Department
Sep 7, 1995
219 A.D.2d 747 (N.Y. App. Div. 1995)
Case details for

Matter of Mack v. Ryan

Case Details

Full title:In the Matter of DOCK A. MACK, Petitioner, v. D. RYAN, as Lieutenant of…

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

Date published: Sep 7, 1995

Citations

219 A.D.2d 747 (N.Y. App. Div. 1995)
631 N.Y.S.2d 546