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MATTER OF TAVERAS v. FISCHER

59 A.D.3d 827 (2009)

872 N.Y.S.2d 681

In the Matter of JUAN TAVERAS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 19, 2009.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting a staff member and forcible touching. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The misbehavior report, together with the testimony adduced at the hearing, comprise substantial...

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