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Matter of Rouse v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 858 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: The detailed misbehavior report, authored by a correction officer who observed the incident and consigned by another correction officer who also observed the incident, constitutes substantial evidence to support respondent's determination that petitioner violated inmate rule 113.10 ( 7 NYCRR 270.2 [B] [14] [i]), prohibiting the possession of contraband that may be classified as a weapon (see, Matter of Foster v Coughlin, 76 N.Y.2d 964, 966; Matter of Perez v Wilmot, 67 N.Y.2d 615, 616-617). Petitioner's denial of the charge presented an issue of credibility for the Hearing Officer (see, Matter of Foster v Coughlin, supra, at 966; Matter of Perez v Wilmot, supra, at 617).


Summaries of

Matter of Rouse v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 858 (N.Y. App. Div. 1995)
Case details for

Matter of Rouse v. Coughlin

Case Details

Full title:In the Matter of TERRY ROUSE, Petitioner, v. THOMAS A. COUGHLIN, III, as…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 858 (N.Y. App. Div. 1995)
632 N.Y.S.2d 46

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