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MATTER OF MILLS v. FISCHER

2009-11172.

85 A.D.3d 1033 (2011)

925 N.Y.S.2d 851

2011 NY Slip Op 5503

In the Matter of RASHEEN MILLS, 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 June 21, 2011.

Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the petitioner's contention, the misbehavior report, the hearing testimony, and other documents presented at the hearing provided substantial evidence to support the hearing officer's determination that he was guilty of the charge brought against him (see Matter of Foster v Coughlin,

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