MATTER OF SMITH v. PRACK

514083.

100 A.D.3d 1126 (2012)

953 N.Y.S.2d 392

In the Matter of PAUL SMITH, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

November 8, 2012.


Rose, J.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty, after a tier III hearing, of violating the prison disciplinary rules that prohibit making a false statement and counterfeiting a document. According to the misbehavior report, dated January 4, 2011, petitioner, in his capacity as a chaplain's aide, prepared a special event packet for a January 7, 2011 holiday celebration that contained false information about...

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