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MATTER OF SOTO v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

275 A.D.2d 851 (2000)

713 N.Y.S.2d 886

In the Matter of JOSE SOTO, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided September 21, 2000.

Petitioner was found guilty of violating prison disciplinary rules prohibiting assault of another inmate, fighting and violent conduct. Contrary to petitioner's contention, the misbehavior report and the inconsistent inmate testimony at the hearing provide substantial evidence of petitioner's guilt (see, Matter of Gebremariam v Goord, 273 A.D.2d 695; Matter of Pacheco v Dufrain, 251 A.D.2d 817<...

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