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MATTER OF ANDINO v. GOORD

247 A.D.2d 919 (1998)

668 N.Y.S.2d 535

In the Matter of Hector Andino, Petitioner, v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent

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

February 4, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Evidence adduced at petitioner's Tier III disciplinary hearing, including the written misbehavior report and testimony from two physicians, constitutes substantial evidence to support the determination (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). Petitioner offered no evidence to support his bald assertion that...

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