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MATTER OF RIVERA v. PILON

59 A.D.3d 761 (2009)

873 N.Y.S.2d 750

In the Matter of GILBERTO RIVERA, Petitioner, v. D. PILON, as Correction Officer, et al., Respondents.

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 harassment and making threats. We now confirm.

To the extent that petitioner challenges the determination of guilt on an evidentiary basis, the misbehavior report, authored by the correction officer involved in the incident, is sufficient, by itself, to provide substantial evidence...

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