MATTER OF ELLIS v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

528660.

175 A.D.3d 791 (2019)

103 N.Y.S.3d 864

2019 NY Slip Op 06050

In the Matter of Gregory Ellis, Petitioner, v. Department of Corrections and Community Supervision, Respondent.

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

Decided August 1, 2019.


Petitioner was charged in a misbehavior report with engaging in lewd conduct. At the conclusion of the tier III disciplinary hearing that followed, petitioner was found guilty of the charge and a penalty was imposed. That determination was affirmed upon petitioner's administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report and the testimony of its author provide substantial evidence to support...

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