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MATTER OF CLIFF v. CARPENTER

275 A.D.2d 838 (2000)

713 N.Y.S.2d 885

In the Matter of JAMES E. CLIFF, Petitioner, v. DAVID CARPENTER, as Appeal Reviewer, Great Meadow Correctional Facility, Respondent.

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

Decided September 21, 2000.

Following a tier II prison disciplinary hearing, petitioner was found guilty of harassment. Contrary to petitioner's contention, the misbehavior report as well as the testimony offered at the hearing provide substantial evidence of his guilt (see, Matter Headley v Goord, 274 A.D.2d 714).

We also reject petitioner's contentions that he was denied a fair and impartial hearing and that his guilt was predetermined by virtue of...

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