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MATTER OF RIVERA v. MANTELLO

228 A.D.2d 721 (1996)

643 N.Y.S.2d 428

In the Matter of Feliberto Rivera, Jr., II, Petitioner, v. Dominic Mantello, as Superintendent of Coxsackie Correctional Facility, et al., Respondents

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

June 6, 1996

As a result of his refusal to cooperate with correction officers during a pat frisk, petitioner was found guilty of refusing a direct order and attempted assault on staff. He argues that this determination is not supported by substantial evidence and that the Hearing Officer presiding at the disciplinary hearing was not impartial. Upon reviewing the record, we find that the misbehavior report, combined with the testimony of the...

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