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105 A.D.2d 707

Peterkin v. Reid

Appellate Division of the Supreme Court of the State of New York · decided 1984-11-05

Decided 1984-11-05

¶1In a proceeding pursuant to CPLR article 78 to review a determination of respondent finding that petitioner forcibly sodomized another inmate and imposing a penalty therefor, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated November 3, 1983, which dismissed the proceeding.

¶2Judgment affirmed, without costs or disbursements.

¶3Although isolated parts of the transcript of petitioner’s hearing were unintelligible, the record was adequate and capable of review. The determination of respondent was supported by substantial evidence (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Lazer, Gibbons and Brown, JJ., concur.

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