MATTER OF JOHNSON v. ROCK


64 A.D.3d 1096 (2009)

882 N.Y.S.2d 667

In the Matter of MICHAEL JOHNSON, Petitioner, v. DAVID A. ROCK, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided July 30, 2009.


Following a melee involving multiple inmates in the prison yard, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and refusing a direct order. A tier III disciplinary hearing was convened, at the conclusion of which petitioner was found guilty as charged and a penalty was imposed. The determination of guilt was affirmed upon petitioner's administrative appeal, but his penalty was reduced. He subsequently commenced this proceeding pursuant...

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