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MATTER OF GOSS v. KELLY

145 A.D.2d 936 (1988)

In the Matter of Kenneth Goss, Appellant, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1988

Judgment unanimously affirmed.

Memorandum:

Petitioner appeals from a judgment which dismissed his CPLR article 78 petition challenging the determination following a Tier III Superintendent's disciplinary hearing on the ground that the Superintendent's designation of the Hearing Officer was defective. Petitioner alleged that Superintendent Kelly's appointment of Lieutenant Block as a substitute Hearing Officer on February 1, 1985 was inadequate to legitimate...

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