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MATTER OF RODRIGUEZ v. PORTUONDO

289 A.D.2d 831 (2001)

734 N.Y.S.2d 693

In the Matter of WILSON RODRIGUEZ, 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 20, 2001.

Following a disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule that prohibits fighting. Included in the evidence presented at the hearing were the misbehavior report and testimony from the correction officer who wrote it. The officer testified that he had observed petitioner engaged "in an obvious fight" with another inmate and that although the fight was quickly broken up, petitioner nonetheless...

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