Hardy v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*780Based upon an investigation, it was determined that petitioner punched another inmate in the back of the head and he was charged in a misbehavior report with violent conduct. Petitioner was found guilty of that charge after a tier II disciplinary hearing and that determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.
We confirm. The misbehavior report, along with the testimony of the victim and the correction officer who authored the misbehavior report, provide substantial evidence to support the determination of guilt (see Matter of France v Bezio, 78…
2Cases cited7 opinions
- Mayo v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Abdul-Khaliq v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Lovett v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by9 opinions
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- Matter of Lundy v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
- Wilson v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
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