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MATTER OF CORTEZ v. WILMOT

115 A.D.2d 140 (1985)

In the Matter of Angelo Cortez, Petitioner, v. John B. Wilmot, as Superintendent of Elmira Correctional Facility, Respondent

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

November 21, 1985

Main, J.

In September 1983, petitioner was transferred from Attica Correctional Facility to Elmira Correctional Facility. During a previous stay at the Elmira facility, petitioner had been found guilty of possessing a weapon and had been administratively punished therefor. As a result, when he returned to the Elmira facility, petitioner was served a misbehavior report recommending that he be placed in protective admission (7 NYCRR 304.1 [b]) because,...

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