MATTER OF MOORE v. PORTUONDO


267 A.D.2d 537 (1999)

698 N.Y.S.2d 571

In the Matter of STANLEY MOORE, Petitioner, v. LEONARD A. PORTUONDO, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided December 2, 1999.


Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from being out of place after he failed to leave the facility exercise yard with his cell block after a "go back" call. Petitioner's guilt was affirmed upon administrative appeal and he then commenced this CPLR article 78 proceeding to challenge the determination. Contrary to petitioner's argument, we find that the sufficiently...

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