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MATTER OF JAMES v. FISCHER

58 A.D.3d 981 (2009)

871 N.Y.S.2d 455

In the Matter of WAYNE C. JAMES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

January 15, 2009.

Petitioner, a prison inmate, was found guilty following a tier III disciplinary hearing of harassment, refusing a direct order and lewd conduct. That determination was administratively affirmed and this CPLR article 78 proceeding ensued.

We confirm. Substantial evidence in the form of the misbehavior report and testimony adduced at the hearing support the determination of guilt (see Matter of Rodriguez v Selsky, 50 A.D.3d 1337

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