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MATTER OF RICKSON v. LECLAIRE JR.

46 A.D.3d 1050 (2007)

846 N.Y.S.2d 925

In the Matter of RICKY RICKSON, Petitioner, v. LUCIEN J. LECLAIRE JR., as Commissioner of Correctional Services, Respondent.

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

Decided December 13, 2007.

At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of harassment and a temporary release violation. The determination was affirmed on administrative review and this CPLR article 78 proceeding ensued.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report and the confidential testimony considered by the Hearing Officer in camera (see Matter of Shicon v Goord,

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