MATTER OF ROMERO v. GONYEA

525119.

159 A.D.3d 1206 (2018)

70 N.Y.S.3d 95

2018 NY Slip Op 01689

In the Matter of FELIX ROMERO, Petitioner, v. PAUL M. GONYEA, as Superintendent of Mohawk Correctional Facility, et al., Respondents.

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

Decided March 15, 2018.


Petitioner and another inmate were observed punching each other with closed fists in the prison television room and ignored a correction officer's directive to stop. As a result of this incident, petitioner was charged in a misbehavior report with fighting, violent conduct and refusing a direct order. Following a tier II disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal, and this CPLR article 78 proceeding...

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