MATTER OF GRIMMETT v. RILEY


192 A.D.2d 831 (1993)

596 N.Y.S.2d 481

In the Matter of Paul Grimmett, Petitioner, v. Dean R. Riley, as Superintendent of Fishkill Correctional Facility, et al., Respondents

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

April 15, 1993


Casey, J.

In finding petitioner guilty of violating two prison disciplinary rules, the Hearing Officer had to make a finding that petitioner was the person identified in the recorded telephone conversations. We agree with petitioner that that finding is not supported by substantial evidence and, accordingly, the determination must be annulled. When asked at the hearing how he knew that petitioner was the person talking on the telephone, Investigator J...

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