MATTER OF GANTT v. GIRDICH


1 A.D.3d 668 (2003)

766 N.Y.S.2d 615

In the Matter of MARK GANTT, Petitioner, v. ROY GIRDICH, as Superintendent of Franklin Correctional Facility, et al., Respondents.

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

November 6, 2003.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits destroying state property. The charges stemmed from an investigation prompted by a report from a correction officer that sand had been found in the oil pans of several facility lawn mowers. The investigating officer testified that a confidential informant named petitioner as the culprit. Although the Hearing Officer interviewed that informant in camera, no attempt was made to assess the credibility...

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