MATTER OF JONES v. BENNETT


283 A.D.2d 750 (2001)

724 N.Y.S.2d 368

In the Matter of EARL JONES, Petitioner, v. FLOYD G. BENNETT, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided May 10, 2001.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting harassment. At petitioner's tier III hearing, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the individual who posted a sexually explicit drawing on a facility teacher's classroom window. Contrary to petitioner's contention, the misbehavior report...

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