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IN THE MATTER OF BROWN v. CUNNINGHAM

17 A.D.3d 886 (2005)

793 N.Y.S.2d 299

In the Matter of ISAIAH BROWN, Petitioner, v. RAYMOND J. CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

April 21, 2005.

Mugglin, J.

Petitioner was charged in a misbehavior report with refusing a direct order, making a false statement and being out of place in violation of prison disciplinary rules. Following a tier II disciplinary hearing, petitioner was found guilty of all charges, which determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.*

As substantial evidence in the form of the misbehavior report and the...

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