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IN THE MATTER OF FREEMAN v. FISCHER

54 A.D.3d 1140 (2008)

863 N.Y.S.2d 851

In the Matter of RODNEY FREEMAN, 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 25, 2008.

SPAIN, J.

Petitioner challenges a determination finding him guilty of committing an unhygienic act and disobeying a direct order for an incident in which he was observed urinating on his cell door. We confirm. The misbehavior report and petitioner's own admission that he was, indeed, urinating in his cell provide substantial evidence to support the determination of guilt (see Matter of Kearney v Fischer, 51 A.D.3d 1185, 1185...

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