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MATTER OF DAVIS v. LEMPKE

520776.

148 A.D.3d 1366 (2017)

2017 NY Slip Op 01919

48 N.Y.S.3d 630

In the Matter of JAMES DAVIS, Petitioner, v. JOHN LEMPKE, as Superintendent of Five Points Correctional Facility, et al., Respondents.

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

Decided March 16, 2017.

Petitioner was charged in two misbehavior reports with violating certain prison disciplinary rules. The first misbehavior report related that petitioner was randomly frisked, was found to have contraband on his person and was told to return to his cell. While he was being escorted back to his cell by a correction officer, petitioner became verbally abusive and, when the correction officer gave him a direct order to return to his...

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