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MATTER OF KEESH v. SMITH

61 A.D.3d 1199 (2009)

876 N.Y.S.2d 768

In the Matter of TYHEEM YEFYA KEESH, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided April 16, 2009.

Petitioner, an inmate, was charged in two separate misbehavior reports with violating various prison disciplinary rules. At the conclusion of respective tier II disciplinary hearings, petitioner was found guilty on March 24, 2008 of smuggling and stealing state property and on April 2, 2008 of possessing contraband. Those determinations were affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

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