DeGrijze v. Thacker

Appellate Division of the Supreme Court of New York

DeGrijze v. Thacker

308 A.D.2d 448, 764 N.Y.S.2d 203

Appellate Division of the Supreme Court of the State of New York·Decided September 8, 2003·Published

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent David Thacker, Deputy Superintendent of Security of Green Haven Correctional Facility, dated April 11, 2002, which affirmed the determination of a hearing officer, made after a Tier II hearing, finding that the petitioner was guilty of violating certain prison disciplinary rules and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The respondent’s determination was supported by substantial evidence (see Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Perez v Wilmot, 67 NY2d 615, 616-617 [1986]; Matter of James v Strack, 214 AD2d 674, 675 [1995]).

[449] The petitioner’s remaining contentions are without merit. Florio, J.P., Schmidt, Crane and Cozier, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent David Thacker, Deputy Superintendent of Security of Green Haven Correctional Facility, dated April 11, 2002, which affirmed the determination of a hearing officer, made after a Tier II hearing, finding that the petitioner was guilty of violating certain prison disciplinary rules and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The respondent’s determination was supported by substantial evidence (see Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Perez v Wilmot, 67 NY2d 615, 616-617 [1986]; Matter of James v Strack, 214 AD2d 674, 675 [1995]).

[449] The petitioner’s remaining contentions are without merit. Florio, J.P., Schmidt, Crane and Cozier, JJ., concur.

DeGrijze v. Thacker, 308 A.D.2d 448, 764 N.Y.S.2d 203 (N.Y. Ct. App. 2003).

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Opinion

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