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Matter of Flores v. Mann

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1990
168 A.D.2d 746 (N.Y. App. Div. 1990)

Opinion

December 13, 1990

Appeal from the Supreme Court, Clinton County.


Contrary to petitioner's argument, the misbehavior report provided him with adequate notice of the charges against him (see, Matter of Vogelsang v. Coombe, 105 A.D.2d 913, affd. 66 N.Y.2d 835). Furthermore, petitioner's written statements, in addition to the unequivocal testimony of the correction officer who wrote the misbehavior report that petitioner pushed and shoved other correction officers, constituted substantial evidence to support the determination that he was guilty of violent conduct and interference (see, Matter of Fletcher v. Coughlin, 161 A.D.2d 869).

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Mercure, JJ., concur.


Summaries of

Matter of Flores v. Mann

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 1990
168 A.D.2d 746 (N.Y. App. Div. 1990)
Case details for

Matter of Flores v. Mann

Case Details

Full title:In the Matter of FERMIN FLORES, Petitioner, v. LOUIS F. MANN, as…

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

Date published: Dec 13, 1990

Citations

168 A.D.2d 746 (N.Y. App. Div. 1990)
563 N.Y.S.2d 898

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