MATTER OF DIXON v. RICH

532719.

200 A.D.3d 1378 (2021)

155 N.Y.S.3d 375

2021 NY Slip Op 07046

In the Matter of Echo Westley Dixon, Appellant, v. J. Rich, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided December 16, 2021.


Attorney(s) appearing for the Case

Echo Westley Dixon, Marcy, appellant pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet of counsel), for respondent.

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


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating multiple prison disciplinary rules. Following joinder of issue, Supreme Court determined that petitioner's challenges to the disciplinary determination—including that he received inadequate employee assistance, was denied the right to call a witness, that the Hearing Officer was biased and that the charges were in retaliation for various...

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