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In the Matter of REYNALDO AGOSTO, petitioner, v. GLENN GOORD, etc., respondent.

DECISION JUDGMENT

ADJUDGED that the petition is granted, the determination, as modified, is annulled, without costs or disbursements, and the respondent is directed to expunge from the petitioner's institutional record all references to the charges underlying the determination.

The Commissioner's determination that the petitioner violated a prison disciplinary rule by instigating a work stoppage is not supported by substantial evidence. As in Matter of Milland v. Goord ( 264 A.D.2d 846 [decided herewith]), the in camera testimony of the correction officer who interviewed the confidential informants was not sufficiently detailed and specific to enable the Hearing Officer to independently assess the credibility and the reliability of the informants ( see also, Matter of Cotto v. Bautista, 252 A.D.2d 977; Matter of Martinez v. Goord, 248 A.D.2d 1001; Matter of Holmes v. Senkowski, 238 A.D.2d 629; cf., Matter of Valentine v. Goord, 259 A.D.2d 911 [3d Dept., Mar. 18, 1999]; Matter of Medina v. Goord, 253 A.D.2d 973). Accordingly, the determination must be annulled.

O'BRIEN, J.P., FLORIO, H. MILLER, and SMITH, JJ., concur.

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MATTER OF AGOSTO v. GOORD
(Sep 27, 1999)