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MATTER OF RIZZUTO v. SULLIVAN

295 A.D.2d 780 (2002)

743 N.Y.S.2d 749

In the Matter of ALFONSO RIZZUTO, Appellant, v. D. SULLIVAN, as Hearing Officer at Elmira Correctional Facility, et al., Respondents.

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

Decided June 20, 2002.

Following a tier II disciplinary hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting inmates from refusing a direct order and interfering with an employee. Petitioner's contention that the misbehavior report underlying these charges was filed in retaliation for his filing of numerous grievances and written complaints presented a credibility question for respondents to resolve (see, Matter...

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