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MATTER OF MOJICA v. KEYSER

531419.

203 A.D.3d 1344 (2022)

160 N.Y.S.3d 918

2022 NY Slip Op 01488

In the Matter of Dionisio Mojica, Petitioner, v. William F. Keyser, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Dionisio Mojica, Fallsburg, petitioner pro se.

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

Lynch, J.P., Reynolds Fitzgerald, Colangelo, Ceresia and Fisher, JJ., concur.

Petitioner was charged in a misbehavior report with smuggling, violating facility visitation procedures and engaging in an unauthorized exchange. The charges stemmed from an incident wherein petitioner switched a pair of his sneakers with the sneakers worn by his wife. Following a pat frisk of petitioner, petitioner resumed his visit, whereupon he again was observed exchanging sneakers with his wife. At the conclusion of the tier II disciplinary hearing that followed, petitioner...

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