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MATTER OF JOHNSON v. GOORD

40 A.D.3d 1335 (2007)

836 N.Y.S.2d 737

In the Matter of DAYQUAN JOHNSON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided May 24, 2007.

Lahtinen, J.

Petitioner, an inmate, was charged in a misbehavior report with engaging in a sexual act and committing an unhygienic act. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. After exhausting his administrative remedies, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior report, related documentation and hearing testimony comprise substantial evidence...

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