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MATTER OF LUGO v. JONES

167 A.D.2d 636 (1990)

In the Matter of Fernando Lugo, Petitioner, v. E. W. Jones, as Superintendent of Washington Correctional Facility, Respondent

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

November 8, 1990

The evidence presented at the hearing, including the fight investigation report, the misbehavior report and the medical reports which showed injuries to another inmate, constitutes substantial evidence to support the determination that petitioner was fighting (see, Matter of Perez v Wilmot, 67 N.Y.2d 615, 616). Petitioner also failed to raise any claim of error on administrative appeal with respect to his penalty of 30 days...

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