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IN THE MATTER OF ARRINGTON v. BURGE

57 A.D.3d 1032 (2008)

867 N.Y.S.2d 707

In the Matter of JERMAL ARRINGTON, Petitioner, v. JOHN W. BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

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

December 4, 2008.

At the conclusion of a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of possession of altered items, possession of stolen property and unauthorized exchange. Petitioner exhausted his administrative remedies and commenced this CPLR article 78 proceeding seeking annulment.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report and statements...

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