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MATTER OF INFANTINO v. FISCHER

515539.

116 A.D.3d 1305 (2014)

983 N.Y.S.2d 908

2014 NY Slip Op 2814

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

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

Decided April 24, 2014.

Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of stealing. Contrary to petitioner's contention, the misbehavior report and testimony at the hearing, including admissions by petitioner, provide substantial evidence to support the determination of guilt (see Matter of Accardi v Goord, 34 A.D.3d 945, 946 [2006]). To the extent that petitioner challenges the use of a...

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