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MATTER OF LYNCH v. GRIFFIN

523200.

148 A.D.3d 1436 (2017)

2017 NY Slip Op 02103

50 N.Y.S.3d 186

In the Matter of JOHNNY LYNCH, Petitioner, v. THOMAS GRIFFIN, as Superintendent of Green Haven Correctional Facility, Respondent.

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

Decided March 23, 2017.

After petitioner was found in the facility barber shop instead of his assigned program in the electric shop, he was charged in a misbehavior report with being out of place. Following a tier II disciplinary hearing, he was found guilty of that charge and a penalty was imposed. The determination was upheld on administrative review, and this CPLR article 78 proceeding ensued.

The misbehavior report and testimony of petitioner provided substantial evidence to support...

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