MATTER OF RODRIGUEZ v. LEE

Not in source.

162 A.D.3d 1453 (2018)

80 N.Y.S.3d 501

2018 NY Slip Op 04817

In the Matter of Miguel Rodriguez, Petitioner, v. William Lee, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.

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

Decided June 28, 2018.


Petitioner was charged in a misbehavior report with refusing a direct order, lying, being out of place, leaving an assigned area and creating a disturbance. According to the report, petitioner, a porter, asked to leave his program early to visit the commissary because he was expecting a visitor at the facility. After his request was denied, petitioner became argumentative and ultimately left the program area without permission to go the prison yard, and it was later determined...

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