MATTER OF ORTIZ v. KELLY

1173 TP 13-00534.

111 A.D.3d 1411 (2013)

974 N.Y.S.2d 863

2013 NY Slip Op 7617

In the Matter of EDDIE ORTIZ, Petitioner, v. CHARLES KELLY, JR., Superintendent, Marcy Correctional Facility, et al., Respondents.

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

Decided November 15, 2013.


Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order and judgment of the Supreme Court, Oneida County [Bernadette T. Clark, J.], entered February 7, 2013) to review a determination finding after a tier II hearing that petitioner had violated an inmate rule.

It is hereby ordered that said appeal insofar as it concerns the declaratory judgment action is unanimously dismissed, the...

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