MATTER OF HAMLETT v. STRACK


273 A.D.2d 587 (2000)

710 N.Y.S.2d 553

In the Matter of JOHN HAMLETT, Petitioner, v. WAYNE STRACK, as Superintendent of Fishkill Correctional Facility, et al., Respondents.

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

Decided June 15, 2000.


Following a tier II disciplinary hearing, petitioner was found guilty of interference with an employee and harassment. The misbehavior report alleged that petitioner sent a personal message to a facility nurse. Contrary to petitioner's contentions, the misbehavior report, authored by the nurse who witnessed the incident, and petitioner's own admissions regarding his actions provide substantial evidence of petitioner's guilt (see, Matter of McMillian v Selsky,

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