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MATTER OF CARRASQUILLO v. RABSATT

515970.

109 A.D.3d 1036 (2013)

971 N.Y.S.2d 365

2013 NY Slip Op 5945

In the Matter of EDWIN CARRASQUILLO, Petitioner, v. CALVIN RABSATT, as Superintendent of Riverview Correctional Facility, et al., Respondents.

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

Decided September 19, 2013.

Petitioner was charged in a misbehavior report with violating various prison disciplinary rules after a log book containing inmate nicknames was stolen and destroyed. A tier III disciplinary hearing was conducted, after which he was found guilty of damaging property and being out of place. The determination was affirmed upon administrative appeal, and petitioner commenced this CPLR article 78 proceeding.

While hearsay...

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