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MATTER OF JOYNER v. SMITH

143 A.D.2d 522 (1988)

In the Matter of David Joyner, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 27, 1988

Judgment vacated on the law and determination unanimously confirmed and petition dismissed.

Memorandum:

Petitioner appeals from a judgment denying his CPLR article 78 petition to annul a determination made following a Tier II prison disciplinary hearing. It was determined that petitioner violated an inmate rule (7 NYCRR 270.1 [b] [2] [i]). Since the issue raised by the petition is whether the determination is supported by substantial evidence, Special Term...

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