IN THE MATTER OF RIVERA v. LECLAIRE


54 A.D.3d 465 (2008)

861 N.Y.S.2d 602

In the Matter of JOSE RIVERA, Petitioner, v. LUCIEN J. LECLAIRE JR., as Commissioner of Correctional Services, et al., Respondents.

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

August 7, 2008.


Petitioner was discovered trying to enter the prison yard with numerous items concealed in towels and clothing in the bottom of his net bag. At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting smuggling. An unsuccessful administrative appeal of that determination prompted petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. The determination of guilt...

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