MATTER OF REDMON v. SMITH

522435.

141 A.D.3d 1071 (2016)

35 N.Y.S.3d 672

In the Matter of SHAREF REDMON, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided July 28, 2016.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty, following a tier III disciplinary hearing, of assault on a visitor and violating visiting room guidelines after he was observed by a correction officer slapping his visitor in the face in the honor visiting room. The incident was captured on a video recording, which was played at the hearing. The determination was upheld on administrative appeal.

Contrary to petitioner...

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