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MATTER OF SMYTHE v. FISCHER

513833.

101 A.D.3d 1280 (2012)

955 N.Y.S.2d 461

2012 NY Slip Op 8588

In the Matter of FRANCIS SMYTHE, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

December 13, 2012.

Petitioner, an inmate, was found guilty of violating prison disciplinary rules prohibiting extortion and solicitation based upon letters he wrote to his niece. Those letters, together with another letter that petitioner's niece wrote to him, the misbehavior report and testimony of the senior investigator from the Inspector General's office who authored the report, constitute substantial evidence supporting the determination (...

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