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Gentile v. New Jersey Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 30, 2007

GINO GENTILE, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a Final Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 16, 2007

Before Judges Cuff and Winkelstein.

Appellant Gino Gentile is an inmate at New Jersey State Prison. He was charged with and found guilty of two disciplinary infractions: *.151, setting a fire, and *.306, conduct which disrupts or interferes with the security or orderly running of the correctional facility. N.J.A.C. 10A:4-4.1(a). The hearing officer imposed the following sanction: fifteen days detention, 365 days administrative segregation, and 365 days loss of commutation time for each infraction.

On appeal, appellant presents the following arguments:

Point I

THE DECISION OF THE HEARING OFFICER VIOLATES DUE PROCESS AND SHOULD BE VACATED.

Point II

THE HEARING OFFICER[']S DECISION FAILED TO ARTICULATE FACTS ESTABLISHING THE APPELLANT[']S GUILT.

Our review of the record satisfies us that the findings of fact are well-supported by the record, Rule 2:11-3(e)(1)(D), and that appellant received all the process he is due. Avant v. Clifford, 67 N.J. 496, 522-24 (1975); N.J.A.C. 10A:4-9.1 to -9.16.

Affirmed.

20070530

© 1992-2007 VersusLaw Inc.



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