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MATTER OF EVANS v. RIVERA

252 A.D.2d 706 (1998)

675 N.Y.S.2d 427

In the Matter of Donnell Evans, Petitioner, v. Israel Rivera, as Superintendent of Mt. McGregor Correctional Facility, Respondent

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

July 9, 1998

Petitioner was found guilty of violating prison disciplinary rules that prohibit encouraging others to participate in a work stoppage, disobeying a direct order and inflicting bodily harm on himself. Following an administrative appeal, the charge of inflicting harm was dismissed.

According to the misbehavior report which was authored by a correction officer who witnessed petitioner's conduct, petitioner refused to move logs...

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