MATTER OF IRIZARRY v. COUGHLIN


187 A.D.2d 1035 (1992)

In the Matter of Angel Irizarry, Petitioner, v. Thomas A. Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

November 18, 1992


Determination unanimously confirmed and petition dismissed.

Memorandum:

We reject the contention that the Hearing Officer in this prison disciplinary proceeding was obligated to investigate petitioner's assertion that the misbehavior report had been fabricated. Based upon the evidence relied upon by the Hearing Officer, which included the misbehavior report, the photograph of the contraband seized, petitioner's statement, the statement of an inmate witness...

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