Breland v. Coombe

Appellate Division of the Supreme Court of New York

Breland v. Coombe

238 A.D.2d 960, 661 N.Y.S.2d 557, 1997 N.Y. App. Div. LEXIS 4845

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1997·Published·Cited by 2 cases

Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Respondent’s determination that petitioner participated in a riot and assaulted another inmate is supported by substantial evidence. The written [961]*961misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author. The misbehavior report is "sufficiently relevant and probative to constitute substantial evidence” supporting the determination (People ex rel. Vega v Smith, 66 NY2d 130, 140). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Griffith, J.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Respondent’s determination that petitioner participated in a riot and assaulted another inmate is supported by substantial evidence. The written [961]*961misbehavior report describes with specificity the conduct of petitioner that was witnessed by the author. The misbehavior report is "sufficiently relevant and probative to constitute substantial evidence” supporting the determination (People ex rel. Vega v Smith, 66 NY2d 130, 140). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Griffith, J.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

Breland v. Coombe, 238 A.D.2d 960, 661 N.Y.S.2d 557, 1997 N.Y. App. Div. LEXIS 4845 (N.Y. Ct. App. 1997).

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