MATTER OF SMITH v. ROCK

513560.

108 A.D.3d 889 (2013)

969 N.Y.S.2d 590

2013 NY Slip Op 5256

In the Matter of AUREL SMITH, Petitioner, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided July 11, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with fighting, violent conduct and creating a disturbance. The report relates that he was observed by a correction officer engaged in a physical altercation with his cellmate. Petitioner was found guilty of all charges following a tier II disciplinary hearing. That determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, related...

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