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MATTER OF HERBIN v. LACY

252 A.D.2d 608 (1998)

675 N.Y.S.2d 233

In the Matter of James Herbin, Petitioner, v. Peter J. Lacy, as Superintendent of Bare Hill Correctional Facility, Respondent

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

July 2, 1998

Petitioner, an inmate, was found guilty of violating the prison disciplinary rules which prohibit inmates from verbally harassing and verbally interfering with a facility employee. We reject petitioner's contention that the misbehavior report, standing alone, was insufficient to support the determination of guilt. The report, which was authored by the correction officer who observed the incident and was read into the record at petitioner...

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