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MATTER OF MENA v. GUTWEIN

535627.

216 A.D.3d 1384 (2023)

188 N.Y.S.3d 278

2023 NY Slip Op 02817

In the Matter of Jonathan Mena, Petitioner, v. Eric Gutwein, as Hearing Officer for the Department of Corrections and Community Supervision, et al., Respondents.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Jonathan Mena, Malone, petitioner pro se.

Letitia James , Attorney General, Albany ( Beezly J. Kiernan of counsel), for respondents.

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

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

Petitioner was charged in a misbehavior report with possessing a weapon and possessing contraband after a metal shank and 30 20-ounce bottles of an unknown liquid were discovered...

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