MATTER OF NUNEZ v. BARKLEY


262 A.D.2d 909 (1999)

694 N.Y.S.2d 777

In the Matter of CHRISTOPHER NUNEZ, Petitioner, v. WAYNE BARKLEY, as Superintendent of Riverview Correctional Facility, et al., Respondents.

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

Decided June 24, 1999.


The record indicates that petitioner, a prison inmate, pleaded guilty at a disciplinary hearing to the charge of creating a disturbance and not guilty to the charge of fighting. His plea of guilty was accepted and, following the hearing, he was found guilty of the remaining charge. Petitioner's administrative appeal was unsuccessful, prompting the commencement of this CPLR article 78 proceeding. The Attorney General has advised this Court that the finding of guilt as to the...

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