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IN THE MATTER OF RODRIGUEZ v. McGINNIS

24 A.D.3d 845 (2005)

804 N.Y.S.2d 500

In the Matter of CARLOS RODRIGUEZ, Petitioner, v. MICHAEL McGINNIS, as Superintendent of Southport Correctional Facility, Respondent.

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

December 1, 2005.

During a search of petitioner's cell, a correction officer found two needles, three tattoo patterns and a state pen which had been emptied and filled with blue ink. As a result, petitioner was charged in a misbehavior report with possessing altered property and tattoo equipment. He was found guilty of these charges following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article...

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