MATTER OF LATHAM v. TAYLOR

509951.

80 A.D.3d 1044 (2011)

914 N.Y.S.2d 693

In the Matter of NORMAN LATHAM, Petitioner, v. JUSTIN TAYLOR, as Superintendent of Gouverneur Correctional Facility, Respondent.

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

Decided January 20, 2011.


Petitioner failed to write his name on the sign out sheet when reporting to his prison job even though he had been instructed on several prior occasions that this was necessary. As a result, he was charged in a misbehavior report with violating facility movement regulations and refusing a direct order. He was found guilty of the charges following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued...

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