MATTER OF BARNES v. RODRIGUEZ

Not in source.

163 A.D.3d 1367 (2018)

77 N.Y.S.3d 899

2018 NY Slip Op 05541

In the Matter of Jessie J. Barnes, Appellant, v. A. Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided July 26, 2018.


As the result of an incident that occurred on March 26, 2016, petitioner was charged in a misbehavior report with various disciplinary rule violations. He was found guilty of the charges following a tier III disciplinary hearing that concluded on April 26, 2016, and the determination was later affirmed on administrative appeal. Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the determination.

During the pendency of the proceeding, the...

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