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MATTER OF DANIEL v. LACY

279 A.D.2d 916 (2001)

720 N.Y.S.2d 218

In the Matter of ANTONIO DANIEL, Petitioner, v. PETER J. LACY, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 25, 2001.

Rose, J.

The record evidence fails to provide substantial support for the determination of respondent Superintendent of Bare Hill Correctional Facility finding petitioner guilty of smuggling and stealing in violation of certain prison disciplinary rules (cf., Matter of Foster v Coughlin, 76 N.Y.2d 964). The misbehavior report and corroborating testimony of the correction officer who authored it relate that six pounds of fish...

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