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ENCARNACION v. STATE

529533.

203 A.D.3d 1416 (2022)

165 N.Y.S.3d 624

2022 NY Slip Op 01855

Bernabe Encarnacion, Appellant, v. State of New York, Respondent.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Bernabe Encarnacion, Attica, appellant pro se.

Letitia James, Attorney General, Albany (Frederick A. Brodie of counsel), for respondent.

Garry, P.J., Clark, Reynolds Fitzgerald and Fisher, JJ., concur.

Claimant, an incarcerated individual, commenced a CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of violating a prison disciplinary rule, which resulted in him being keeplocked and sent to the special housing unit. That proceeding was subsequently dismissed as moot after the disciplinary...

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