Peterkin v. Reid, 105 A.D.2d 707 (N.Y. App. Div. 2d Dep't 1984). · Go Syfert
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    This Court is able to undertake a meaningful review of the administrative determination under the substantial evidence standard based upon the available testimony and the documentary evidence (see Matter of Sledge v Sledge, 228 AD2d 310, 3…
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In the Matter of Robert Peterkin
v.
Theodore Reid, as Superintendent of the Fishkill Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Nov 5, 1984.
Published opinion
105 A.D.2d 707
1984 N.Y. App. Div. LEXIS 20813
Cited by 4 opinions  |  Published

In 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.

Judgment affirmed, without costs or disbursements.

Although 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.