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MATTER OF WESOLOWSKI v. DONAHUE

45 A.D.3d 1224 (2007)

845 N.Y.S.2d 764

In the Matter of ROBERT WESOLOWSKI, Petitioner, v. RICHARD DONAHUE, as Hearing Officer, et al., Respondents.

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

Decided November 29, 2007.

Following a tier II disciplinary hearing, petitioner was found guilty of providing unauthorized legal assistance. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, corroborating hearing testimony from the correction officer who authored it and the handwriting sample constitute substantial evidence to support the determination of guilt (see Matter of Santana v Selsky,

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