MATTER OF A'GARD v. LaVALLEY

514499.

104 A.D.3d 1031 (2013)

960 N.Y.S.2d 665

2013 NY Slip Op 1883

In the Matter of KENITH A'GARD, Petitioner, v. THOMAS LaVALLEY, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

March 21, 2013.


Petitioner left his cell block for his scheduled call out to the law library, but proceeded instead to the mosque. As a result, petitioner was charged in a misbehavior report with violating facility movement regulations and being out of place. He was found guilty of the charges at the conclusion of a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior...

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