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MATTER OF BURGESS v. BINTZ

284 A.D.2d 687 (2001)

726 N.Y.S.2d 307

In the Matter of REGINALD BURGESS, Petitioner, v. MICHAEL J. BINTZ, as Superintendent of Riverview Correctional Facility, Respondent.

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

Decided June 14, 2001.

Petitioner challenges a determination finding him guilty of violating facility count procedures after he refused to rise from his bed during a "standing" count. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Ingram v Mann, 219 A.D.2d 743; Matter of Littles v Kirk,

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