MATTER OF MORALES v. DUBRAY


62 A.D.3d 1130 (2009)

877 N.Y.S.2d 924

In the Matter of GUSTAVO MORALES, Petitioner, v. KEITH DUBRAY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 14, 2009.


Petitioner was charged in a misbehavior report with making threats against a fellow inmate. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Petitioner's administrative appeal was unsuccessful and this CPLR article 78 proceeding ensued.

The misbehavior report and the testimony adduced at the hearing provide substantial evidence to support the determination of guilt, and petitioner's denial that he made the alleged threats...

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