IN MATTER OF IGARTUA v. RIVERA


58 A.D.3d 1046 (2009)

870 N.Y.S.2d 810

In the Matter of ISMAEL IGARTUA, Petitioner, v. ISREAL RIVERA, as Superintendent of Coxsackie Correctional Respondent Facility, et al., Respondents.

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

January 22, 2009.


At the conclusion of a tier II prison disciplinary hearing, petitioner was found guilty of creating a disturbance, harassment and refusing a direct order. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The misbehavior report, authored by the correction officer involved in the incident, is sufficient by itself to provide substantial evidence supporting the determination of guilt ...

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