MATTER OF KEENER v. HERBERT


267 A.D.2d 1006 (1999)

700 N.Y.S.2d 899

In the Matter of WILLARD KEENER, Petitioner, v. VICTOR HERBERT, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

Decided December 30, 1999.


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was found guilty following a Tier II hearing of violating inmate rule 102.10 (7 NYCRR 270.2 [B] [3] [i] [making threats]). At the hearing, petitioner admitted making a statement to the author of the misbehavior report, but denied that the statement was a threat. The statement repeated in the misbehavior report constitutes a threat, and thus there is substantial...

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