[Download] "In Re Simmons" by Appellate Division, Fourth Department, New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: In Re Simmons
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Substantial evidence supports the determination that petitioner violated inmate rules 100.10 (7 NYCRR 270.2 [B] [1] [i]) and 104.10 (7 NYCRR 270.2 [B] [5] [i]) by participating with a group of inmates in an assault on another inmate. "The written misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author" and constitutes substantial evidence supporting the determination (Matter of Breland v Coombe, 238 AD2d 960, 960-961; cf., Matter of Bryant v Coughlin, 77 NY2d 642). The misbehavior report also constitutes substantial evidence supporting the determination that petitioner violated inmate rule 106.10 (7 NYCRR 270.2 [B] [7] [1] [i]) by refusing to obey a direct order, and the Hearing Officer explicitly found that petitioner heard the repeated orders to stop fighting and separate (cf., Matter of Watkins v Coombe, 236 AD2d 883; Matter of Varela v Coughlin, 199 AD2d 1007, 1008).
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