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MATTER OF BROOKS v. STATE OF NEW YORK, DEP'T OF CORR. SERVS.

238 A.D.2d 824 (1997)

657 N.Y.S.2d 366

In the Matter of Michael Brooks, Petitioner, v. State of New York, Department of Correctional Services et al., Respondents

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

April 24, 1997

White, J.

After a tier III hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting violent conduct, assault on staff and disobeying a direct order. After the determination was affirmed upon administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking its annulment. We find no merit to this proceeding.

Petitioner advances three bases for his assertion that the

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