MATTER OF RIVERA v. SENKOWSKI


264 A.D.2d 873 (1999)

695 N.Y.S.2d 615

In the Matter of FRANCISCO RIVERA, Petitioner, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided September 9, 1999.


Following a tier II hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from being out of place. According to the misbehavior report, petitioner was told to stand on a platform; however, the author of the misbehavior report later saw him standing in the smoking area socializing. Petitioner's administrative appeal of the determination of guilt was unsuccessful, prompting him to commence this CPLR article 78...

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