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MATTER OF WAUGH v. MILLER

238 A.D.2d 645 (1997)

656 N.Y.S.2d 958

In the Matter of Dean Waugh, Petitioner, v. David L. Miller, as Superintendent of Eastern Correctional Facility, Respondent

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

April 3, 1997

Petitioner was found guilty of violating the prison disciplinary rules that prohibit creating a disturbance, harassment and refusing to obey a direct order. The record contains substantial evidence in support of this determination. Adduced in evidence at petitioner's disciplinary hearing was a detailed misbehavior report as well as the testimony of the correction officer who had witnessed the conduct in question (see,

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