MATTER OF DOLEMAN v. PRACK

522563.

145 A.D.3d 1289 (2016)

2016 NY Slip Op 08414

44 N.Y.S.3d 560

In the Matter of ERIC DOLEMAN, Respondent, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Appellant.

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

Decided December 15, 2016.


Petitioner was charged in a misbehavior report with assault on an inmate and violent conduct following an incident in which a heated mixture of oil and water was thrown onto the face and upper body of a sleeping inmate. At the tier III disciplinary hearing, several correction officers testified and confidential testimony and documents were admitted into evidence, all of which established that two inmates had committed the attack at petitioner's direction. Petitioner was found...

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