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IN THE MATTER OF JOHNSON v. DEPARTMENT OF CORRECTIONAL SERVS.

503853.

2008 NY Slip Op 06005

IN THE MATTER OF RODNEY JOHNSON, Petitioner, v. DEPARTMENT OF CORRECTIONAL SERVICES ET AL., Respondents.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Rodney Johnson, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Kane, Kavanagh and Stein, JJ.

MEMORANDUM AND JUDGMENT

Petitioner was charged in two misbehavior reports with violating the prison disciplinary rules that prohibit impersonation, engaging in third-party telephone calls and possessing contraband. A tier III disciplinary hearing ensued, during the course of which petitioner ultimately pleaded guilty to all charges and a penalty was imposed. Upon administrative review, the penalty was modified to 80 days in the special housing unit with a corresponding...

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