General

In the Matter of Kevin Parker, Petitioner, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

176 A.D.2d 1231·New York Supreme Court, Appellate Division·1991·NY

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Opinion

In the Matter of Kevin Parker, Petitioner, v Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents. [MAJORITY] — Determination unanimously confirmed and petition dismissed. Memorandum: We find that the written misbehavior report and the testimony of the correction officer positively identifying petitioner constitute substantial evidence to support the determination of misconduct (see generally, People ex rel. Vega v Smith, 66 NY2d 130). Petitioner failed to establish at the disciplinary hearing that he was prejudiced by an alleged inadequacy of employee assistance (see, Matter of Wright v Scully, 124 AD2d 805). (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.