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MATTER OF THOMAS v. BENNETT

271 A.D.2d 768 (2000)

705 N.Y.S.2d 445

In the Matter of RICHARD THOMAS, Petitioner, v. FLOYD G. BENNETT, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

Decided April 13, 2000.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of possessing a weapon after a plexiglass shank was found in his cell during a search. The misbehavior report and the testimony of the correction officer who authored the report and found the weapon constitute substantial evidence of petitioner's guilt (see, Matter of Williams v Selsky, 257 A.D.2d 932). With respect to the Hearing Officer's denial of petitioner...

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