MATTER OF McHANEY v. ALBAUGH


280 A.D.2d 963 (2001)

720 N.Y.S.2d 874

In the Matter of DAVID A. McHANEY, Petitioner, v. HORACE ALBAUGH, as Superintendent of Cape Vincent Correctional Facility, Respondent.

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

Decided February 7, 2001.


Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: Petitioner challenges the determination, following a Tier II prison disciplinary hearing, finding him guilty of violating inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i]) and 116.10 (7 NYCRR 270.2 [B] [17] [i]). The misbehavior report, together with the testimony of its author and another inmate, constitutes substantial evidence to support the...

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