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MATTER OF PETTY v. SELSKY

289 A.D.2d 859 (2001)

734 N.Y.S.2d 508

In the Matter of JOHN PETTY, Petitioner, v. DONALD SELSKY, as Director of Inmate Disciplinary Programs, Respondent.

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

Decided December 20, 2001.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting assault on an inmate. Contrary to petitioner's contention, we find that the misbehavior report, together with the evidence adduced at the hearing, including the confidential testimony, constitute substantial evidence to support the determination of guilt (see, Matter of Foster v Coughlin, 76 N.Y...

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