Appellate Division, Third Department · November 5, 2026 · 2026 NY Slip Op 06506
Matter of Devaughn v Malark
Read the official decision: 2026 NY Slip Op 06506
Holding The court confirmed the disciplinary determination finding the petitioner guilty of smuggling and possessing a weapon, as supported by substantial evidence. The court also rejected the petitioner’s claim that his hearing representative was improperly removed, noting his disruptive conduct justified the decision.
The court’s words
The misbehavior report, hearing testimony, video footage and other documentary evidence provide substantial evidence to support the determination of guilt
2026 NY Slip Op 06506, at the official text
petitioner's repeated comments, even after he was warned that it was the duty of the representative to argue his case, justified the Hearing Officer's decision to release the representative
2026 NY Slip Op 06506, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | November 5, 2026 |
| Citation | 2026 NY Slip Op 06506 |
| Area of law | Prison and Parole |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06506 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1820 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Devaughn v Malark, 2026 NY Slip Op 06506 (Appellate Division, Third Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06506/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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