IN THE MATTER OF BERRY v. GOORD


13 A.D.3d 947 (2004)

787 N.Y.S.2d 439

In the Matter of KEREEM BERRY, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

December 23, 2004.


Petitioner was charged in a misbehavior report with assaulting another inmate after a correction officer received confidential information positively identifying him as the assailant. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The misbehavior report, together with the testimony of its author and the in camera testimony...

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