MATTER OF AGOSTA v. UNGER

506872

67 A.D.3d 1177 (2009)

887 N.Y.S.2d 882

2009 NY Slip Op 08124

In the Matter of REYNALDO S. AGOSTA, Petitioner, v. DAVID UNGER, as Superintendent of Wyoming Correctional Facility, Respondent.

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

Decided November 12, 2009.


Petitioner, an inmate, was charged in a misbehavior report with, among other things, possession of an item in an unauthorized area and possession of contraband after a test answer key in his handwriting was found in another inmate's folder. Following a tier II disciplinary hearing, petitioner was found guilty of the enumerated charges. The determination was affirmed on administrative appeal, and petitioner thereafter commenced this CPLR article 78 proceeding.

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