MATTER OF JOSEPH v. LaCLAIR

509455.

79 A.D.3d 1496 (2010)

912 N.Y.S.2d 464

In the Matter of NIGEL JOSEPH, Appellant, v. DARWIN LaCLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided December 23, 2010.


Following a tier II disciplinary hearing, petitioner was found guilty of being out of place and refusing a direct order as a result of being in the slop sink area after he was confined to his cell due to pending disciplinary charges. The determination was later affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination, which was dismissed by Supreme Court. Petitioner now appeals and we affirm.

Petitioner...

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