MATTER OF McDANIELS v. BEZIO

508608

76 A.D.3d 1129 (2010)

907 N.Y.S.2d 702

In the Matter of WAYNE McDANIELS, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 23, 2010.


After an inmate who was attacked identified petitioner as the aggressor, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting assault upon other inmates and violent conduct. He was found guilty as charged following a tier III disciplinary hearing. The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, when coupled with the documentary...

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