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MATTER OF BERRIAN v. DUNCAN

289 A.D.2d 655 (2001)

733 N.Y.S.2d 790

In the Matter of LENARD BERRIAN, Appellant, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided December 6, 2001.

In September 2000, petitioner applied to Supreme Court for a writ of habeas corpus, seeking his release from the Special Housing Unit (hereinafter SHU) at Upstate Correctional Facility in Washington County. This penalty was imposed following an administrative determination finding him guilty of violating the prison disciplinary rules that prohibit the misuse and altering of State property after a search of his cell disclosed a pair of the facility's headphones that had been...

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