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MATTER OF HEATH v. WALKER

255 A.D.2d 1006 (1998)

681 N.Y.S.2d 708

In the Matter of Herman Heath, Petitioner, v. Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent

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:

Petitioner was found guilty after a Tier III hearing of violating inmate rules 100.13 (7 NYCRR 270.2 [B] [1] [iv] [fighting]) and 106.10 (7 NYCRR 270.2 [B] [7] [i] [failing to obey promptly an order of a correction officer]). The misbehavior report, together with the author's testimony, constitutes substantial evidence supporting the determination (see, Matter of...

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