Vega v. Fischer

Initially, the Attorney General concedes, and we agree, that substantial evidence does not support that part of the determination that found petitioner guilty of harassment (see Matter of Gantt v Fischer, 85 AD3d 1472, 1472 [2011]; Matter of Davis v Fischer, 76 AD3d 1154, 1155 [2010]). Because the penalty included a recommended loss of good time, the matter must be remitted to respondent for a redetermination of the penalty (see Matter of Davis v Fischer, 76 AD3d at 1155; Matter of Platten v Bezio, 73 AD3d 1419, 1420 [2010]).

Turning to the remaining charge, pursuant to 7 NYCRR 270.2 (B) (2)…