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MATTER OF VIDAL v. BURGE

303 A.D.2d 950 (2003)

759 N.Y.S.2d 259

In the Matter of JOSEPH VIDAL, Petitioner, v. JOHN W. BURGE, as Superintendent of Auburn Correctional Facility, Respondent.

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

Decided March 21, 2003.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner, an inmate at Auburn Correctional Facility, commenced this CPLR article 78 proceeding seeking review of a determination following a Tier II hearing. The misbehavior report and the testimony of its author constitute substantial evidence that petitioner violated inmate rules 106.10 (7 NYCRR 270.2 [B]...

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