MATTER OF VEGA v. GOORD


274 A.D.2d 807 (2000)

712 N.Y.S.2d 78

In the Matter of ANTHONY VEGA, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided July 20, 2000.


Petitioner, a prison inmate, was found guilty of assault on another inmate and fighting. At the tier III hearing that followed, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the aggressor. Contrary to petitioner's contention, the misbehavior report, as well as the testimony of the correction officer who authored

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