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IN THE MATTER OF FARROW v. PRACK

57 A.D.3d 1065 (2008)

868 N.Y.S.2d 392

In the Matter of CURTIS FARROW, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

December 4, 2008.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting another inmate. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The determination of guilt is supported by substantial evidence in the form of the detailed misbehavior report, hearing testimony from the correction...

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