MATTER OF ROSSI v. PORTUONDO


277 A.D.2d 615 (2000)

716 N.Y.S.2d 116

In the Matter of RUDOLPH ROSSI, Petitioner, v. LEONARD PORTUONDO, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided November 9, 2000.


Spain, J.

During a period of approximately one month, petitioner, who was confined in the special housing unit, was served with five misbehavior reports alleging various prison disciplinary rule violations. Petitioner commenced this CPLR article 78 proceeding to review four determinations which found him guilty— after four separate hearings—of many of the charges including refusing direct orders, harassment and assault on staff.

Petitioner challenges...

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