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MATTER OF VALASQUEZ v. MILLER

250 A.D.2d 895 (1998)

672 N.Y.S.2d 267

In the Matter of Nelson Valasquez, Petitioner, v. T.J. Miller, as Superintendent of Woodbourne Correctional Facility, et al., Respondents

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

May 7, 1998

Substantial evidence supports the determination finding petitioner, a prison inmate, guilty of violating prison disciplinary rule 100.15, which provides that "[i]nmates shall not engage in unauthorized sparring, wrestling, body-punching, or other forms of disorderly conduct" (7 NYCRR 270.2 [B] [1] [vi]). Petitioner and the other inmate involved in the altercation testified that they were both engaged in "horse play" prior to the...

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