MATTER OF HAIGLER v. LILLEY

528234.

173 A.D.3d 1597 (2019)

101 N.Y.S.3d 660

2019 NY Slip Op 05258

In the Matter of Robert Haigler, Petitioner, v. Lynn J. Lilley, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided June 27, 2019.


Petitioner was charged in a misbehavior report with violating five prison disciplinary rules, including possession of contraband, after he was observed wearing a pair of name-brand sneakers that are not permitted. Following a tier II disciplinary hearing, petitioner was found guilty of the contraband charge and not guilty of the remaining charges, and a penalty was imposed. The determination was upheld on administrative appeal, and petitioner commenced this CPLR article 78...

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