MATTER OF MAYS v. EARLY

2019-02043. Index No. 6804/18.

178 A.D.3d 928 (2019)

115 N.Y.S.3d 393

2019 NY Slip Op 09004

In the Matter of Kevin Mays, Petitioner, v. Peter D. Early, Respondent.

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

Decided December 18, 2019.


Attorney(s) appearing for the Case

Kevin Mays, Otisville, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Andrew W. Amend and Philip V. Tisne of counsel), for respondent.

Austin, J.P., Miller, Maltese and Barros, JJ., concur.


Adjudged that the petition is granted, without costs or disbursements, the determination finding the petitioner guilty of violating prison disciplinary rule 102.10 (7 NYCRR 270.2[B][3][i]) is annulled, the penalties imposed are vacated, the charge is dismissed, and the respondent is directed to expunge all references to that finding from the petitioner's institutional record.

The petitioner, an inmate in the custody of the New York State Department of Corrections...

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