MATTER OF NICHOLAS v. SCHRIVER


259 A.D.2d 863 (1999)

687 N.Y.S.2d 453

In the Matter of JASON B. NICHOLAS, Petitioner, v. SUNNY SCHRIVER, as Superintendent of Walkill Correctional Facility, Respondent.

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

Decided March 11, 1999.


Spain, J.

Petitioner was found guilty after a tier II hearing of violating the prison disciplinary rules that prohibit inmates from interfering with an employee, disobeying a direct order and failing to comply with a frisk and search order. Petitioner challenges the administrative determination on the grounds that the Hearing Officer was biased and that the determination is not supported by substantial evidence.

We confirm. Petitioner's contentions that the...

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