MATTER OF MERCADO v. RODRIGUEZ

524114.

153 A.D.3d 1534 (2017)

2017 NY Slip Op 06689

60 N.Y.S.3d 699

In the Matter of JASON MERCADO, Appellant, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 28, 2017.


Petitioner was charged with using alcohol or an intoxicant in two separate misbehavior reports. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. On June 16, 2015, the determination was upheld upon administrative review with a modified penalty, and petitioner received notice of that determination on or about that day. In February 2016, petitioner sought reconsideration of the administrative determination, and his request was denied on...

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