MATTER OF BARNES v. RODRIGUEZ

534202.

208 A.D.3d 1525 (2022)

174 N.Y.S.3d 292

2022 NY Slip Op 05249

In the Matter of Arrello Barnes, Appellant, 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 September 22, 2022.


Attorney(s) appearing for the Case

Arrello Barnes, Syracuse, appellant pro se.

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

Egan Jr., J.P., Lynch, Aarons, Pritzker and Fisher, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules, claiming that his request to call a witness and to present certain documentary evidence was improperly denied. Following joinder of issue, Supreme Court, by decision entered April 12, 2021, dismissed the petition. Thereafter, petitioner moved to reargue and renew, as well as for a court-ordered drug test...

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