MATTER OF HOGAN v. THOMPSON

533334.

204 A.D.3d 1201 (2022)

164 N.Y.S.3d 537

2022 NY Slip Op 02470

In the Matter of John Hogan, Petitioner, v. James Thompson, as Superintendent of Collins Correctional Facility, Respondent.

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

Decided April 14, 2022.


Attorney(s) appearing for the Case

John Hogan, Collins, petitioner pro se.

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

Garry, P.J., Egan Jr., Clark, Aarons and Colangelo, JJ., concur.


Petitioner was charged in a misbehavior report with fighting and creating a disturbance. Following a tier II disciplinary hearing, petitioner was found guilty of creating a disturbance and not guilty of the remaining charge, and a penalty was imposed. Upon administrative review, the finding of guilt was affirmed, and petitioner thereafter commenced this CPLR article 78 proceeding to challenge respondent's determination.

Petitioner primarily contends that the determination...

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