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MATTER OF JOHNSON v. FISCHER

506110.

67 A.D.3d 1138 (2009)

887 N.Y.S.2d 872

2009 NY Slip Op 08100

In the Matter of CLARENCE JOHNSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.

At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of possessing property in an unauthorized area and smuggling. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. We find that the misbehavior report, coupled with petitioner's admissions during the hearing, provide substantial evidence to support the...

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