MATTER OF MARTIN v. RODRIGUEZ

526898.

171 A.D.3d 1322 (2019)

95 N.Y.S.3d 909

2019 NY Slip Op 02763

In the Matter of Johny Martin, 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 April 11, 2019.


Petitioner was charged in a misbehavior report with making threats, harassing an employee, refusing a direct order, creating a disturbance and violating the regulations governing beard/mustache length. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges and a penalty was imposed. The penalty subsequently was reduced and, upon petitioner's administrative appeal, the disciplinary determination and modified penalty were...

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