MATTER OF CINTRON v. FISCHER


47 A.D.3d 1045 (2008)

848 N.Y.S.2d 548

In the Matter of FRANCISCO CINTRON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 10, 2008.


Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of misusing state property. Inasmuch as the determination of guilt is supported by substantial evidence in the form of the misbehavior report and petitioner's admission during the hearing that he had loaned his razor to another inmate (see Matter of La Tour v New York State Dept. of Correctional Servs. Cent. Off. Review Comm.,

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