MATTER OF ARGENTIERI v. FISCHER

511680.

87 A.D.3d 1242 (2011)

929 N.Y.S.2d 889

2011 NY Slip Op 6617

In the Matter of MICHAEL ARGENTIERI, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 29, 2011.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of causing a disturbance, urging a demonstration, interfering with an employee, harassment and refusing a direct order. We are not persuaded by petitioner's contention that the determination lacks substantial evidence support. The evidence presented at the hearing, including the misbehavior report and testimony from correction officers, an inmate witness and petitioner, provide...

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