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MATTER OF LUXEMBURGO v. SELSKY

263 A.D.2d 742 (1999)

694 N.Y.S.2d 783

In the Matter of KELLY LUXEMBURGO, Petitioner, v. DONALD SELSKY, as Director of Inmate Disciplinary Programs and Special Housing for the New York State Department of Correctional Services, Respondent.

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

Decided July 15, 1999.

Petitioner was found guilty of violating the prison disciplinary rules which prohibit inmates from creating a disturbance and engaging in violent conduct* based, in part, upon confidential information identifying petitioner as one of the inmates who incited a gang-related altercation involving approximately 30 inmates. We reject petitioner's assertion that the determination is not supported by substantial evidence because the Hearing Officer failed...

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