MATTER OF HARDY v. J.T. SMITH

511490.

87 A.D.3d 779 (2011)

927 N.Y.S.2d 805

2011 NY Slip Op 6169

In the Matter of VICTOR HARDY, Petitioner, v. J.T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided August 4, 2011.


Based upon an investigation, it was determined that petitioner punched another inmate in the back of the head and he was charged in a misbehavior report with violent conduct. Petitioner was found guilty of that charge after a tier II disciplinary hearing and that determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.

We confirm. The misbehavior report, along with the testimony of...

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