MATTER OF ROSA v. BROWN


47 A.D.3d 1142 (2008)

849 N.Y.S.2d 185

In the Matter of TONY ROSA, Petitioner, v. WILLIAM D. BROWN, as Superintendent of Eastern Correctional Facility, et al., Respondents.

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

Decided January 24, 2008.


Petitioner, an inmate, was charged in a misbehavior report with providing unauthorized legal assistance. Following a tier II disciplinary hearing, he was found guilty of the charge. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report, accompanying documentation and statements made by petitioner at the hearing...

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