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MATTER OF RAMOS v. FISCHER

2009-04772.

77 A.D.3d 838 (2010)

909 N.Y.S.2d 371

In the Matter of ALBERT RAMOS, Petitioner, v. BRIAN FISCHER, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided October 19, 2010.

Adjudged that the petition is granted and the determination is annulled, without costs or disbursements.

Under the unusual facts of this case, the hearing officer's determination was not supported by substantial evidence (cf. Matter of Miller v DeBuono, 90 N.Y.2d 783

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