MATTER OF SMITH v. QUINN

517687

120 A.D.3d 1509 (2014)

992 N.Y.S.2d 457

2014 NY Slip Op 06345

In the Matter of DWIGHT SMITH, Petitioner, v. DONALD QUINN, as Deputy Superintendent for Security at Great Meadow Correctional Facility, Respondent.

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

Decided September 25, 2014.


Petitioner disregarded several directives to proceed from the prison yard to the visiting room and, accordingly, was charged in an inmate misbehavior report with refusing a direct order and a movement regulation violation. Petitioner was found guilty of the charges following a tier II disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

Although the Attorney General did not submit a complete certified...

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