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MATTER OF HENRIQUEZ v. DUBRAY

51 A.D.3d 1350 (2008)

857 N.Y.S.2d 513

In the Matter of MIKE HENRIQUEZ, Petitioner, v. KEITH DUBRAY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 29, 2008.

Petitioner, a prison inmate, was charged in a misbehavior report with verbally threatening a facility employee. After a tier III disciplinary hearing, petitioner was found guilty. Petitioner's unsuccessful administrative appeal prompted this CPLR article 78 proceeding challenging the determination.

The determination of guilt is supported by substantial evidence consisting of the misbehavior report and testimony at the hearing...

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