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Matter of Littles v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1991
169 A.D.2d 894 (N.Y. App. Div. 1991)

Opinion

January 10, 1991

Appeal from the Supreme Court, Albany County.


At the hearing, petitioner admitted he was guilty of two of the charges against him (failure to comply with a Hearing Officer's disposition and refusal to obey a direct order). It is undisputed that while he had been ordered to spend 15 days in keeplock to take effect immediately, petitioner failed to return directly to his cell. These facts not only support the finding of guilt on the above charges, but also the charge of being out of place. Furthermore, testimony also established that petitioner had his name placed on a sheet to attend a grievance matter without having been authorized to do so and that, although he indicated to the contrary, he did not have permission to continue working as a grievance representative while confined to keeplock. He was therefore properly found guilty of lying and of altering facility documents. In sum, the testimony, coupled with the two misbehavior reports filed, constituted substantial evidence to support the determination of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Petitioner's remaining contentions have been considered and found to be lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.


Summaries of

Matter of Littles v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 1991
169 A.D.2d 894 (N.Y. App. Div. 1991)
Case details for

Matter of Littles v. Coughlin

Case Details

Full title:In the Matter of ERNEST LITTLES, Petitioner, v. THOMAS A. COUGHLIN, III…

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

Date published: Jan 10, 1991

Citations

169 A.D.2d 894 (N.Y. App. Div. 1991)
564 N.Y.S.2d 618