MATTER OF HART v. RODRIGUEZ

527244.

169 A.D.3d 1148 (2019)

93 N.Y.S.3d 720

2019 NY Slip Op 00949

In the Matter of Zebadiah Hart, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided February 7, 2019.


Petitioner was charged in a misbehavior report with refusing a direct order, fighting, violent conduct and creating a disturbance. According to the report, its author responded to a disturbance in the facility yard and observed petitioner attempting to "reengage in violent conduct" with two other inmates. Petitioner refused several orders to stop and physical force became necessary to effect compliance. Following a tier III disciplinary hearing, petitioner was found guilty...

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