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MATTER OF LOZADA v. COOK

506881.

67 A.D.3d 1232 (2009)

890 N.Y.S.2d 130

2009 NY Slip Op 08549

In the Matter of CARLOS LOZADA, Petitioner, v. CATHERINE COOK, as Superintendent of Otisville Correctional Facility, Respondent.

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

Decided November 19, 2009.

Petitioner was charged in a misbehavior report with possession of contraband, smuggling and the unauthorized possession of departmental documents and disciplinary documents pertaining to another inmate. Following a tier II disciplinary hearing, petitioner was found guilty of smuggling and the unauthorized possession of departmental documents and disciplinary documents pertaining to another inmate and found not guilty of possession of contraband. This determination was affirmed...

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