MATTER OF JEAN-LAURENT v. DAVID


51 A.D.3d 1229 (2008)

858 N.Y.S.2d 811

In the Matter of PHILLIP JEAN-LAURENT, Petitioner, v. JOSEPH DAVID, as Superintendent of Greene Correctional Facility, Respondent.

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

Decided May 15, 2008.


Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging two prison disciplinary determinations stemming from two unrelated incidents. The first determination, rendered on April 6, 2006 after a tier III disciplinary hearing, found petitioner guilty of harassment, creating a disturbance, refusing a direct order and making threats. The second determination, rendered on May 11, 2006 after a tier II disciplinary hearing, found petitioner guilty of a visibility...

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