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MATTER OF NICHOLAS v. HERBERT

195 A.D.2d 1083 (1993)

600 N.Y.S.2d 545

In the Matter of Jason Nicholas, Petitioner, v. Victor Herbert, as Superintendent of Collins Correctional Facility, Respondent

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

July 16, 1993

Determination unanimously confirmed and petition dismissed.

Memorandum:

Respondent's determination finding petitioner guilty of harassing a correction officer and being out of place in the facility is supported by substantial evidence. The misbehavior report is sufficiently relevant and probative to support the findings of the Hearing Officer (see, Matter of Bryant v Coughlin, 77 N.Y.2d 642, 647; Matter...

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