MATTER OF JACKSON v. SMITH


49 A.D.3d 933 (2008)

852 N.Y.S.2d 492

In the Matter of LAVOGIA JACKSON, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided March 6, 2008.


Following a tier II disciplinary hearing, petitioner was found guilty of disobeying a direct order, being out of place and leaving an assigned area without authorization. Upon administrative appeal, the charge of disobeying a direct order was dismissed, but the determination was otherwise affirmed and the penalty imposed was not modified. This CPLR article 78 proceeding ensued.

Contrary to petitioner's contentions, the misbehavior report and the hearing testimony...

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