MATTER OF COWART v. BURNETT

525274.

159 A.D.3d 1253 (2018)

70 N.Y.S.3d 401

2018 NY Slip Op 01976

In the Matter of FLOYD COWART, Petitioner, v. E. BURNETT, as Deputy Superintendent of Security at Sullivan Correctional Facility, Respondent.

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

Decided March 22, 2018.


Petitioner was charged in a misbehavior report with being out of place after it was discovered during a high profile/high risk identification check that he was not at his assigned work program at the designated time. Following a tier II disciplinary hearing, petitioner was found guilty and the determination was affirmed on administrative appeal, with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and hearing testimony...

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