MATTER OF MacKENZIE v. TEDFORD

534380.

208 A.D.3d 1526 (2022)

175 N.Y.S.3d 138

2022 NY Slip Op 05251

In the Matter of Edward MacKenzie, Appellant, v. Jeffrey Tedford, as Superintendent of Adirondack Correctional Facility, Respondent.

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

Decided September 22, 2022.


Attorney(s) appearing for the Case

Edward MacKenzie, Ray Brook, appellant pro se.

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

Lynch, J.P., Aarons, Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.


Petitioner was charged in a misbehavior report with creating a disturbance and disobeying a direct order. According to the misbehavior report, petitioner entered the mess hall without wearing a mask and was told by a correction officer to put a mask on per the policy of the correctional facility. Petitioner did not wear the mask when he left the mess hall and did not comply when told again to wear a mask. Following a tier II disciplinary hearing, petitioner was found guilty...

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