MATTER OF HINES v. PRACK

515163.

109 A.D.3d 1031 (2013)

972 N.Y.S.2d 339

2013 NY Slip Op 5939

In the Matter of STEPHEN HINES, Appellant, 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 September 19, 2013.


Following a tier III prison disciplinary hearing, petitioner was found guilty of refusing a direct order and violating movement regulations. The determination was affirmed on administrative appeal and petitioner thereafter commenced this CPLR article 78 proceeding. Supreme Court dismissed petitioner's application and this appeal ensued.

Initially, petitioner argues that he was improperly denied the opportunity to present his procedural objections to the Hearing Officer...

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