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MATTER OF EUBANKS v. JOHNSON

231 A.D.2d 954 (1996)

648 N.Y.S.2d 197

In the Matter of William Eubanks, Petitioner, v. Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents

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

September 27, 1996

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner, an inmate at Orleans Correctional Facility, commenced this CPLR article 78 proceeding seeking to annul a determination, made after a Tier III hearing, that he violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]) by possessing contraband. He contends that the determination is not supported by substantial evidence because respondents failed to show that he had...

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