MATTER OF ISRAEL v. LEONARDO


201 A.D.2d 822 (1994)

607 N.Y.S.2d 494

In the Matter of Yesher Israel, Petitioner, v. Arthur A. Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

February 10, 1994


The written misbehavior report in this case by itself constitutes substantial evidence to support the finding of guilt. It described, with specificity, the incident in which the author was personally involved and the prison disciplinary rules allegedly violated. The report is dated the same day as the incident, signed by its author and endorsed by another correction officer. Petitioner's claims of innocence raised questions of credibility which the Hearing Officer resolved...

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