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MATTER OF RIVERA v. ARTUS

510190.

82 A.D.3d 1431 (2011)

918 N.Y.S.2d 743

In the Matter of CARLOS RIVERA, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility Respondent.

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

Decided March 17, 2011.

As the result of an investigation, petitioner was charged in a misbehavior report with stalking a female staff member. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Contrary to petitioner's claim, the confidential portion of the hearing transcript reveals that the Hearing Officer adequately verified the reliability...

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