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MATTER OF BROWN v. IRVIN

179 A.D.2d 1071 (1992)

In the Matter of Anthony Brown, Petitioner, v. Frank Irvin, as Superintendent of Wende Correctional Facility, et al., Respondents

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

January 31, 1992

Determination unanimously annulled on the law and petition granted.

Memorandum:

The determination that petitioner violated rule 100.13, which prohibits fighting, is not supported by substantial evidence. The misbehavior report relied upon by the Hearing Officer does not support the determination because critical facts incorporated in the report were not known personally by the officer who prepared and signed...

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