Rivera v. Artus
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 of the information provided by the confidential source through his questioning of the correction officer who received this…
2Cases cited4 opinions
- Britt v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Samuel v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Benston v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Butler v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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- Perez v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- McDuffy v. FischerAppellate Division of the Supreme Court of the State of New York · 2013