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MATTER OF LEGETTE v. RODRIGUEZ

535428.

213 A.D.3d 1066 (2023)

183 N.Y.S.3d 202

2023 NY Slip Op 00711

In the Matter of Tyahnjaii Legette, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Tyahnjaii Legette, Auburn, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with possessing a weapon and smuggling. According to the misbehavior report, when petitioner...

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