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MATTER OF BURR v. FISCHER

513384.

95 A.D.3d 1538 (2012)

943 N.Y.S.2d 920

2012 NY Slip Op 3918

In the Matter of DAVID A. BURR, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 17, 2012.

SPAIN, J.

The misbehavior report and testimony at the disciplinary hearing provide substantial evidence to support the determination finding petitioner guilty of harassment, refusing a direct order and making threats (see Matter of Harrington v Prack, 91 A.D.3d 1244, 1245 [2012]; Matter of Sweet v Woods, 60 A.D.3d 1183 [2009]). Petitioner's contention that there is no evidence regarding...

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