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In the Matter of TERRY ROUSE, Petitioner, v. THOMAS A. COUGHLIN, III, as Commissioner of the New York State Department of Correctional Ser

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).

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MATTER OF ROUSE v. COUGHLIN
(Sep 29, 1995)