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MATTER OF RICHARDSON v. LACY

239 A.D.2d 644 (1997)

657 N.Y.S.2d 372

In the Matter of Frank Richardson, Petitioner, v. Peter J. Lacy, as Superintendent of Bare Hill Correctional Facility, Respondent

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

May 1, 1997

While an inmate at Bare Hill Correctional Facility in Franklin County, petitioner was observed tampering with a sandwich machine, which he was prohibited from using, located in a facility break room. Following a disciplinary hearing, petitioner was found guilty of tampering with State property. He commenced this CPLR article 78 proceeding challenging this administrative determination on the basis that it is not supported by substantial evidence.

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