MATTER OF JOHNSON v. RACETTE


282 A.D.2d 899 (2001)

723 N.Y.S.2d 414

In the Matter of JOHNATHAN JOHNSON, Petitioner, v. STEPHEN RACETTE, as Captain at Upstate Correctional Facility, Respondent.

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

Decided April 19, 2001.


Mercure, J. P.

After separate tier II hearings on four unrelated misbehavior reports charging him with violating various prison disciplinary rules, petitioner was found guilty of most of the charges. The Hearing Officers' decisions were all affirmed on administrative appeal and petitioner thereafter commenced this CPLR article 78 proceeding to review the determinations of guilt.

With regard to the hearing conducted in petitioner's absence, the record demonstrates...

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