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IN THE MATTER OF PONDER v. FISCHER

54 A.D.3d 1094 (2008)

864 N.Y.S.2d 572

In the Matter of JOSEPH PONDER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

September 11, 2008.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of fighting, assaulting an inmate and engaging in violent conduct. Upon review, the misbehavior report, as amplified by the hearing testimony from the correction officer who authored it, provides substantial evidence to support the determination of guilt (see Matter of Harrison v Bertone, 50 A.D.3d 1352

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