MATTER OF WASHINGTON v. NAPOLI


61 A.D.3d 1243 (2009)

877 N.Y.S.2d 752

In the Matter of ANTHONY WASHINGTON, Petitioner, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided April 23, 2009.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits making threats. A tier II disciplinary hearing ensued, at the conclusion of which the Hearing Officer found petitioner guilty and imposed a penalty. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding to annul the determination of guilt.

We confirm. The misbehavior report and the testimony of the authoring correction...

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