IN THE MATTER OF HARRISON v. VOTRAW


56 A.D.3d 868 (2008)

866 N.Y.S.2d 445

In the Matter of TONY HARRISON, Petitioner, v. TIM VOTRAW, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

November 6, 2008.


Petitioner was charged in a misbehavior report with forcing another inmate to engage in a sexual act, making threats, engaging in physical contact with another inmate and engaging in violent conduct. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of the correction sergeant...

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