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MATTER OF BROWN v. BARKLEY

506268.

67 A.D.3d 1147 (2009)

887 N.Y.S.2d 871

2009 NY Slip Op 08106

In the Matter of STANLEY BROWN, Petitioner, v. WARREN BARKLEY, as Superintendent of Cape Vincent Correctional Facility, Respondent.

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

Decided November 12, 2009.

After being involved in a physical altercation with another inmate, petitioner was charged in a misbehavior report with fighting and engaging in violent conduct. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report, together with the testimony of the correction...

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