MATTER OF LA VAN v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


47 A.D.3d 1153 (2008)

850 N.Y.S.2d 285

In the Matter of KHASIM USAMA KENYETTA LA VAN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided January 24, 2008.


Petitioner was charged in a misbehavior report with making threats, interfering with an employee, harassment and creating a disturbance. Following a tier III disciplinary hearing, he was found guilty of creating a disturbance and harassment. On administrative appeal, respondent dismissed the harassment charge and reduced the penalty imposed. Petitioner then commenced this CPLR article 78 proceeding.

The hearing transcript is incomplete. The testimony of at least one...

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