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MATTER OF MILLER v. RODRIGUEZ

535298.

215 A.D.3d 1156 (2023)

186 N.Y.S.3d 447

2023 NY Slip Op 02045

In the Matter of Scott Miller, Petitioner, 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 April 20, 2023.

Attorney(s) appearing for the Case

Scott Miller, Malone, petitioner pro se.

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

Aarons, J.P., Reynolds Fitzgerald, Ceresia, Fisher and McShan, JJ., concur.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, assaulting staff, fighting and refusing a direct order. According to...

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