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MATTER OF JOHNSON v. ECKERT

No. 574 TP 22-00179.

207 A.D.3d 1246 (2022)

169 N.Y.S.3d 871

2022 NY Slip Op 04512

In the Matter of Leroy Johnson, Petitioner, v. Stewart T. Eckert, Superintendent, Wende Correctional Facility, Respondent.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

LEROY JOHNSON, Petitioner PRO SE.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR Respondent.

Present—Smith, J.P., Centra, Peradotto, Curran and Winslow, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul a determination, following a tier II disciplinary hearing, that he violated certain inmate rules. Contrary to petitioner's contention, the misbehavior reports constitute substantial evidence supporting the determination...

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