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DeGrijze v. Thacker

308 A.D.2d 448 Court N.Y. App. Div. Decision date 2003-09-08 English

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p. 448
In the Matter of Richard DeGrijze, Petitioner, v David Thacker, Respondent.
[764 NYS2d 203]

—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]).

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

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