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IN THE MATTER OF PULLIAM v. WHITMORE

24 A.D.3d 921 (2005)

804 N.Y.S.2d 696

In the Matter of DWYANE PULLIAM, Petitioner, v. CAPTAIN WHITMORE, Respondent.

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

December 8, 2005.

A correction officer observed petitioner, without headphones, playing the television in his cell in a loud manner and charged him in a misbehavior report with creating a disturbance. He was found guilty of this charge following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. He then commenced this CPLR article 78 proceeding challenging it.

We confirm. The misbehavior report, together...

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