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MATTER OF MONTGOMERY v. ROYCE

2020-09005. Index No. 456/20.

221 A.D.3d 903 (2023)

199 N.Y.S.3d 211

2023 NY Slip Op 06047

In the Matter of Eric Montgomery, Petitioner, v. Mark Royce, Respondent.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Eric Montgomery, Attica, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and David Lawrence III of counsel), for respondent.

Barros, J.P., Wooten, Ford and Warhit, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the Acting Director of the Special Housing/Inmate Disciplinary Program, on behalf of Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, dated January 27, 2020. The determination affirmed a determination of a hearing officer dated December 9, 2019, made after a tier III disciplinary hearing, finding the petitioner guilty of violating prison disciplinary...

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