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MATTER OF ORTIZ v. SIMMONS

504795.

67 A.D.3d 1208 (2009)

889 N.Y.S.2d 289

2009 NY Slip Op 08527

In the Matter of EDDIE ORTIZ, Petitioner, v. L. SIMMONS, as Lieutenant, Eastern Correctional Facility, et al., Respondents.

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

Decided November 19, 2009.

Petitioner was charged in a misbehavior report with failing to follow a regulation relating to movement within the facility while incarcerated at Eastern Correctional Facility in Ulster County. Petitioner was found guilty of the charge following a tier II disciplinary hearing. This determination was affirmed on administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging this determination, as well as a determination placing him in involuntary protective...

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