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MATTER OF PIERCE v. LEONARDO

206 A.D.2d 573 (1994)

615 N.Y.S.2d 1014

In the Matter of Dominic Pierce, Petitioner, v. Arthur Leonardo, as Superintendent of Great Meadow Correctional Facility, Respondent

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

July 7, 1994

The misbehavior report, which was written by the correction officer who witnessed the incident, provided substantial evidence to support the finding of guilt. None of the testimony offered by petitioner's witnesses is contrary to this determination and, at most, this testimony raised a credibility issue for the Hearing Officer to resolve. Petitioner has also failed in his burden of proving that the Hearing Officer was biased or...

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