IN THE MATTER OF LUNA v. DEPARTMENT OF CORRECTIONAL SERVICES


4 A.D.3d 713 (2004)

772 N.Y.S.2d 417

In the Matter of JUAN LUNA, Petitioner, v. DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

February 26, 2004.


Based upon an interview with an inmate who claimed to have been attacked by several other inmates, petitioner was issued a misbehavior report charging him with violating the prison disciplinary rule prohibiting fighting. At the conclusion of the tier II administrative hearing that followed, the Hearing Officer, relying upon the written misbehavior report, found petitioner guilty as charged. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78 seeking...

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