MATTER OF McMASTER v. RODRIGUEZ

524928.

159 A.D.3d 1173 (2018)

73 N.Y.S.3d 628

2018 NY Slip Op 01523

In the Matter of K. McMASTER, Petitioner, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided March 8, 2018.


Petitioner was charged in five misbehavior reports with violating multiple prison disciplinary rules, including engaging in violent conduct, interfering with an employee, disobeying a direct order and making threats. Following a combined hearing, petitioner was found guilty of all charges and that determination was affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.

Initially, although the proceeding was properly transferred...

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