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MATTER OF TIGNER v. RODRIGUEZ

532256.

196 A.D.3d 982 (2021)

148 N.Y.S.3d 400

2021 NY Slip Op 04524

In the Matter of Derrick Tigner, 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 July 22, 2021.

Attorney(s) appearing for the Case

Derrick Tigner, Wallkill, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Lynch, Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.

Petitioner, a prison inmate, became disruptive during a pat frisk and was charged in a misbehavior report with violations of several prison disciplinary rules. The matter proceeded to a disciplinary hearing and a determination that, as modified upon administrative appeal, found petitioner guilty of refusing a direct order, making threats and refusing a search or frisk. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and hearing testimony...

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