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MATTER OF ALEXANDER v. RICKS

8 A.D.3d 942 (2004)

779 N.Y.S.2d 606

In the Matter of EDWARD ALEXANDER, Appellant, v. THOMAS RICKS, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

June 24, 2004.

Cardona, P.J.

Between March 15, 2001 and March 18, 2001, petitioner, a prison inmate, was issued five separate misbehavior reports* charging him with, inter alia, refusing direct orders, assaulting staff, violent conduct, possessing unauthorized material, employee interference and harassment. Notably, all five of the ensuing tier III disciplinary hearings were commenced on March 23, 2001 and presided over by the same Hearing Officer. On...

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