MATTER OF NARVAEZ v. FISCHER

510909.

86 A.D.3d 881 (2011)

927 N.Y.S.2d 475

2011 NY Slip Op 6054

In the Matter of LUIS NARVAEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 28, 2011.


A misbehavior report charged petitioner with failing to return four books he borrowed from the prison library. Following a tier III disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting the loss or theft of state property. The finding was upheld on administrative appeal, prompting this CPLR article 78 proceeding.

The determination is supported by substantial evidence including the misbehavior report, library loan forms...

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