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MATTER OF TORRES v. RASY

275 A.D.2d 851 (2000)

713 N.Y.S.2d 511

In the Matter of ARMANDO TORRES, Petitioner, v. PETER RASY, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided September 21, 2000.

Following a tier III hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting violent conduct, assault on staff, assault on inmates and creating a disturbance. Contrary to petitioner's contention, the misbehavior report as well as the eyewitness testimony of its author provide substantial evidence of petitioner's guilt (see, Matter of Johnson v Selsky, 271 A.D.2d 770). We also reject petitioner's contention...

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