MATTER OF MOORE v. MILLER


298 A.D.2d 776 (2002)

749 N.Y.S.2d 312

In the Matter of TISLAM MOORE, Petitioner, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided October 31, 2002.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting assaults on other inmates. The misbehavior report relates that an inmate was stabbed three times on the basketball court and that three eyewitnesses identified petitioner by physical description and through a photo array.

Petitioner asserts that the Hearing Officer did not assess the reliability of the confidential informants. Confidential information may be the basis of a disciplinary...

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