MATTER OF JANIS v. PRACK

514246.

106 A.D.3d 1297 (2013)

964 N.Y.S.2d 775

2013 NY Slip Op 3522

In the Matter of EDDIE JANIS, 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.

Decided May 16, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with fighting. The reporting correction officer relayed that he received information that petitioner had an altercation with another inmate two days earlier, at which time petitioner struck the other inmate twice in the arm, causing bruising. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. After the determination was upheld on administrative appeal, this CPLR article 78...

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