MATTER OF HARRISON v. PRACK

511726.

87 A.D.3d 1221 (2011)

930 N.Y.S.2d 294

2011 NY Slip Op 6522

In the Matter of TONY HARRISON, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 22, 2011.


After a confidential informant approached a correction officer and reported that he had overheard petitioner making threats towards facility personnel, petitioner was charged in a misbehavior report with violent conduct and making threats. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was upheld on administrative appeal, with a downward modification to the penalty assessed. Thereafter, petitioner commenced this...

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