MATTER OF ORTIZ v. MANTELLO


268 A.D.2d 869 (2000)

700 N.Y.S.2d 870

In the Matter of EDDIE ORTIZ, Petitioner, v. DOMINIC MANTELLO, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided January 20, 2000.


Following a tier II hearing, petitioner pleaded guilty with an explanation to violating a prison disciplinary rule prohibiting prisoners from being out of place. The misbehavior report stated that petitioner was found in the yard rather than in the print shop for which he was scheduled all day. The Hearing Officer, relying on the misbehavior report and petitioner's own admissions, found petitioner guilty of the charged rule violation. Following an unsuccessful administrative...

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