MATTER OF BETANCES v. LECLAIRE JR.


47 A.D.3d 1044 (2008)

849 N.Y.S.2d 352

In the Matter of PAUL BETANCES, Petitioner, v. LUCIEN J. LECLAIRE, JR., as Commissioner of Correctional Services, Respondent.

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

Decided January 10, 2008.


After it was discovered that petitioner was not in possession of his razor, he was charged in a misbehavior report with loss of state property. A tier II disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. The penalty imposed was 30 days of keeplock, which was deferred for 90 days, along with 30 days of loss of recreation, packages, commissary and telephone privileges. That determination was affirmed upon administrative appeal,...

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