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MATTER OF MARTINEZ v. JOHNSON

255 A.D.2d 967 (1998)

679 N.Y.S.2d 868

In the Matter of Juan Martinez, Petitioner, v. Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents

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

November 13, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The written misbehavior report, augmented by the testimony of the correction officer who authored it, constitutes substantial evidence to support the determination (see, Matter of Bryant v Coughlin, 77 N.Y.2d 642, 647; People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). There is no...

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