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MATTER OF SMITH v. PORTUONDO

309 A.D.2d 1028 (2003)

766 N.Y.S.2d 154

In the Matter of KEVIN SMITH, Petitioner, v. LEONARD PORTUONDO, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided October 23, 2003.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit disobeying a direct order, tampering with state property and property misuse or damage.* According to the misbehavior report, the charges stem from petitioner's conduct in a general business class wherein he was heard loudly giving his password and user name to another inmate in violation of known class rules. A review of petitioner...

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