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MATTER OF OLIVER v. FISCHER

TP 10-02236.

82 A.D.3d 1648 (2011)

919 N.Y.S.2d 432

In the Matter of RAHEEM OLIVER, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided March 25, 2011.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III hearing, that he violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [weapon possession]). Contrary to petitioner's contention, the determination is supported by substantial evidence. The misbehavior report, together with the testimony...

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