Ortiz v. Rourke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty after a Tier III hearing of violating inmate rules 1.00 (7 NYCRR 270.2 [A] [Penal Law offense]), 114.10 (7 NYCRR 270.2 [B] [15] [i] [smuggling]), and 113.12 (7 NYCRR 270.2 [B] [14] [iii] [possession, use, sale or exchange of a controlled substance]). On petitioner’s administrative appeal, the determination of guilt was reversed and a new hearing was ordered (see, 7 NYCRR 254.8 [d]). The *963record establishes that the ruling was based on the fact that the misbehavior report was not…
2Cases cited12 opinions
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3Cited by14 opinions
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