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MATTER OF FLORENTINO v. WASHBURN

47 A.D.3d 1169 (2008)

849 N.Y.S.2d 458

In the Matter of ANTONIO FLORENTINO, Petitioner, v. KATHLEEN A. WASHBURN, as Senior Mail Clerk of Southport Correctional Facility, et al., Respondents.

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

Decided January 31, 2008.

Petitioner was charged in a misbehavior report with drug possession after it was determined that he had solicited his mother to bring him drugs during a visit. Following a tier III disciplinary hearing, from which petitioner was removed for disruptive behavior, petitioner was found guilty as charged. That determination was affirmed upon administrative appeal, although the penalty imposed was reduced. This CPLR article 78 proceeding...

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