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MATTER OF TUNSTALL v. MILLER

274 A.D.2d 723 (2000)

711 N.Y.S.2d 793

In the Matter of HILBERT TUNSTALL, Petitioner, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided July 13, 2000.

Petitioner, a prison inmate, challenges a determination finding him guilty of violating the prison disciplinary rules which prohibit lying and being out of place. Contrary to petitioner's assertion, substantial evidence supports the determination of guilt. Although part of the misbehavior report was based upon hearsay, the misbehavior report, written by the correction officer who was searching for petitioner and endorsed by the...

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