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MATTER OF MATOS v. WALKER

191 A.D.2d 1029 (1993)

595 N.Y.S.2d 345

In the Matter of Samuel Matos, Petitioner, v. Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent

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

March 12, 1993

Determination unanimously confirmed and petition dismissed.

Memorandum:

Petitioner argues that the determination was not supported by substantial evidence because neither the inmate whom he allegedly assaulted nor the correction officers who authored the misbehavior reports testified at petitioner's Tier III disciplinary hearing. That argument lacks merit because the misbehavior reports constituted substantial evidence (see, Matter of Perez v Wilmot...

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