Legal Opinion

Arrington v. Burge

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2008Published

1Opinion of the Court

*1033At the conclusion of a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of possession of altered items, possession of stolen property and unauthorized exchange. Petitioner exhausted his administrative remedies and commenced this CPLR article 78 proceeding seeking annulment.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report and statements made by petitioner during the hearing (see Matter of Freeman v Leclaire, 50 AD3d 1329 [2008]). To the extent that contradictory testimony was given by other inmates,…

2Cases cited3 opinions

  1. Vigliotti v. BellAppellate Division of the Supreme Court of the State of New York · 2008
  2. Harvey v. WoodsAppellate Division of the Supreme Court of the State of New York · 2008
  3. Freeman v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008

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