IN THE MATTER OF DOMOND


55 A.D.3d 1199 (2008)

In the Matter of GERARD DOMOND, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

October 30, 2008.


Petitioner, a prison inmate, was charged in a misbehavior report with engaging in lewd conduct and disobeying a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. Preliminarily, inasmuch as the petition challenges the sufficiency of the evidence supporting the determination of guilt, a question...

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