Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a disciplinary determination finding him guilty of making threats and engaging in violent conduct. The misbehavior report and hearing testimony of a correction officer who heard petitioner make threatening comments after undergoing a pat frisk constitute substantial evidence to support the determination of guilt (see Matter of Evans v Fischer,
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MATTER OF VARGAS v. FISCHER
517923.
121 A.D.3d 1138 (2014)
992 N.Y.S.2d 907
2014 NY Slip Op 06623
In the Matter of JOSE VARGAS, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Appellate Division of the Supreme Court of New York, Third Department.https://leagle.com/images/logo.png
Decided October 2, 2014.
Decided October 2, 2014.
Appellate Division of the Supreme Court of New York, Third Department.
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