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MATTER OF SCOTT v. BENNETT

242 A.D.2d 791 (1997)

661 N.Y.S.2d 1014

In the Matter of Thomas Scott, Petitioner, v. F. Bennett, as the Superintendent of Ogdensburg Correctional Facility et al., Respondents

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

September 11, 1997

Mercure, J.

We conclude that there is substantial evidence in the record to support administrative determinations finding petitioner guilty of failing to comply with a direct order and creating a disturbance as alleged in the February 13, 1996 misbehavior report of Correction Officer J. Smith and creating a disturbance as alleged in the March 21, 1996 misbehavior report of Correction Officer S. Rupert. Each of the misbehavior reports gave a detailed eyewitness...

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