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MATTER OF SIMON v. MORTON

2018-12708. Index No. 1105/18.

208 A.D.3d 1334 (2022)

174 N.Y.S.3d 593

2022 NY Slip Op 05324

In the Matter of Milton Simon, Appellant, v. Robert Morton, Jr., Respondent.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Milton Simon, Ossining, NY, appellant pro se.

Letitia James, Attorney General, New York, NY (Steven C. Wu and Amit R. Vora of counsel), for respondent.

Duffy, J.P., Iannacci, Rivera and Wooten, JJ., concur.

Ordered that the judgment is affirmed, without costs or disbursements.

Following a tier II disciplinary hearing, the petitioner, an inmate at the Downstate Correctional Facility, was found guilty of violating prison disciplinary rule 113.24 (7 NYCRR 270.2[B][14][xiv]). In a determination dated January 22, 2018, a designee of the Superintendent of the Downstate Correctional Facility affirmed the hearing officer's determination. The petitioner commenced this proceeding...

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