MATTER OF RIVERA v. SMITH


137 A.D.2d 281 (1988)

In the Matter of Carlos Rivera, Appellant, v. Berdella Smith, as Inmate Records Coordinator of Eastern Correctional Facility, et al., Respondents

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

June 2, 1988


Attorney(s) appearing for the Case

Carlos Rivera, appellant pro se.

Robert Abrams, Attorney-General (Joseph Koczaja and Wayne L. Benjamin of counsel), for respondents.

MAHONEY, P. J., WEISS, LEVINE and MERCURE, JJ., concur.


HARVEY, J.

Petitioner, while an inmate at Eastern Correctional Facility in Ulster County, was found guilty after a Superintendent's hearing of violating an institutional rule prohibiting fighting. He received a penalty of one year in the special housing unit (hereinafter SHU). Petitioner proceeded with an administrative appeal (see, 7 NYCRR 254.8). Petitioner requested a copy of the tape of the hearing...

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