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MATTER OF HICKS v. FOGG

79 A.D.2d 258 (1981)

In the Matter of James D. Hicks, Appellant, v. Walter Fogg, as Superintendent of Eastern New York Correctional Facility, et al., Respondents

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

March 5, 1981

Attorney(s) appearing for the Case

Arthur J. Giacalone for appellant.

Robert Abrams, Attorney-General (Carl E. Stephen and Shirley Adelson Siegel of counsel), for respondents.

KANE, MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

MAHONEY, P. J.

The facts are undisputed. On January 8, 1979, an employee of the Eastern New York Correctional Facility filed an "inmate misbehavior report" against petitioner charging him with "attempted extortion". On January 17, 1979, pursuant to 7 NYCRR Part 253, a superintendent's proceeding was commenced to review the matter and on January 19, 1979 a report was issued which sustained the charge against petitioner...

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