MATTER OF MOLEY v. LeFEVRE


141 A.D.2d 1001 (1988)

In the Matter of James Moley, Petitioner, v. Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent

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

June 30, 1988


Weiss, J.

A misbehavior report stated that petitioner was observed storming out of a hearing office, uttering obscenities to the Hearing Officer and slamming the door. He neither attended nor produced witnesses at his Tier II hearing which was conducted in his absence. The misbehavior report was read into the record and accepted as evidence. Petitioner was found guilty of verbal harassment and punishment was imposed. In this proceeding petitioner contends...

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