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MATTER OF DAVIS v. SMITH

32 A.D.3d 1096 (2006)

820 N.Y.S.2d 866

In the Matter of LARRY DAVIS, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

September 21, 2006.

Petitioner was charged in a misbehavior report with engaging in an unauthorized exchange of property after a correction officer observed him throw a magazine down the gallery where it was eventually intercepted by another inmate. He was found guilty of the charge following a tier II disciplinary hearing and a penalty of 14 days' loss of recreation was imposed. On December 14, 2004, the determination was affirmed on administrative...

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