MATTER OF RIZZUTO v. MELVILLE

532536.

210 A.D.3d 1152 (2022)

177 N.Y.S.3d 778

2022 NY Slip Op 06199

In the Matter of Alfonso Rizzuto, Petitioner, v. T. Melville, as Deputy Superintendent of Security, Eastern Correctional Facility, Respondent.

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

Decided November 3, 2022.


Attorney(s) appearing for the Case

Alfonso Rizzuto, Duryea, Pennsylvania, petitioner pro se.

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

Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ., concur.


Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Superintendent of Eastern Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Following a dispute between petitioner and the head cook at the facility where petitioner was then incarcerated, petitioner was charged in a misbehavior report with creating a disturbance, refusing...

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