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MATTER OF BEST v. LEONARDO

201 A.D.2d 808 (1994)

609 N.Y.S.2d 862

In the Matter of Hillary Best, Petitioner, v. Arthur Leonardo, as Superintendent of The Great Meadow State Prison, et al., Respondents

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

February 10, 1994

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of assault, fighting and refusing to obey a direct order. The remaining issues raised by petitioner have been examined and found to be either waived or lacking in merit.

Adjudged that the determination is confirmed, without costs...

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