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Rosario v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 583 (N.Y. App. Div. 1994)

Opinion

July 7, 1994

Appeal from the Supreme Court, Franklin County.


Petitioner was found guilty after a disciplinary hearing of violating a prison disciplinary rule prohibiting inmates from making threats. The misbehavior report written by the correction officer who was threatened, coupled with the correction officer's testimony substantially confirming the report, provide substantial evidence to support the finding of guilt. Further, we find no merit in petitioner's contention that he was denied adequate employee assistance given that the record fails to establish any prejudice to petitioner as the result of the deficiencies alleged. Finally, nothing in the record reveals evidence of bias on the part of the Hearing Officer affecting the outcome of the hearing.

Mikoll, J.P., Crew III, White, Weiss and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Rosario v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 583 (N.Y. App. Div. 1994)
Case details for

Rosario v. Lacy

Case Details

Full title:In the Matter of ORLANDO ROSARIO, Petitioner, v. PETER J. LACY, as…

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

Date published: Jul 7, 1994

Citations

206 A.D.2d 583 (N.Y. App. Div. 1994)
615 N.Y.S.2d 1021

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