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MATTER OF LINARES v. FISCHER

59 A.D.3d 761 (2009)

873 N.Y.S.2d 748

In the Matter of JORGE L. LINARES, 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 February 5, 2009.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of unauthorized exchange. We now confirm.

Contrary to petitioner's assertion, the determination of guilt is supported by substantial evidence consisting of the misbehavior report and hearing testimony from the correction officer who authored it (see Matter of Vigliotti v Bell, 52 A.D.3d 1064...

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