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MATTER OF GOVAN v. BENNETT

305 A.D.2d 843 (2003)

758 N.Y.S.2d 560

In the Matter of ISAAC GOVAN, Petitioner, v. FLOYD BENNETT, as Superintendent of Elmira Correction Facility, Respondent.

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

Decided May 15, 2003.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit harassment, an untidy cell and refusing a direct order after he refused to clean his cell and made obscene and abusive statements to a correction officer. Contrary to petitioner's contention on appeal, substantial evidence in the form of the misbehavior report supports the determination of guilt (see Matter of Foster v Coughlin, 76 N.Y.2d 964, 966...

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