MATTER OF THOMPSON v. KIRKPATRICK

524848.

160 A.D.3d 1234 (2018)

71 N.Y.S.3d 910

2018 NY Slip Op 02691

In the Matter of Paul Thompson, Petitioner, v. Michael Kirkpatrick, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided April 19, 2018.


Petitioner was charged in a misbehavior report with refusing direct orders, interfering with an employee, possessing contraband and violating frisk procedures. Following a tier II hearing, petitioner was found guilty of the charges, and a penalty was imposed. The determination of guilt was affirmed upon petitioner's administrative appeal, and this CPLR article 78 proceeding ensued.

Initially, respondent concedes, and our review of the record confirms, that substantial...

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