MATTER OF WARD v. MURPHY


302 A.D.2d 839 (2003)

754 N.Y.S.2d 607

In the Matter of KEVIN WARD, Petitioner, v. ROBERT J. MURPHY, as Acting Director of the Special Housing Unit, Respondent.

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

Decided February 27, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting assault on an inmate and possession of a weapon. The misbehavior report charged that petitioner, armed with the lid of a tin can, had assaulted another inmate, causing him to suffer facial lacerations. Substantial evidence of petitioner's guilt was presented in the form of the misbehavior report and confidential testimony given by the correction officer who investigated the matter and by an...

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