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MATTER OF VALERIO v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

506784.

67 A.D.3d 1228 (2009)

888 N.Y.S.2d 441

2009 NY Slip Op 08543

In the Matter of VICTOR VALERIO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided November 19, 2009.

Petitioner was charged in a misbehavior report with possession of contraband and facility documents after a search of his cell revealed a copy of a prohibited directive. He was found guilty of both charges after a tier III disciplinary hearing and an unsuccessful administrative appeal followed. Petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report and the hearing testimony, including petitioner's admission that he possessed...

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