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IN THE MATTER OF RIVERA v. GREENE

21 A.D.3d 1167 (2005)

800 N.Y.S.2d 791

In the Matter of MANUEL RIVERA, Petitioner, v. GARY GREENE, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.

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

September 15, 2005.

Following a tier II disciplinary hearing, petitioner was found guilty of obstructing the view into his cell in violation of a prison disciplinary rule. That determination was upheld on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding to challenge it.

Inasmuch as substantial evidence was presented at the disciplinary hearing in the form of the misbehavior report and petitioner's testimony...

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