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MATTER OF LEBRON v. ARTUS

35 A.D.3d 1108 (2006)

827 N.Y.S.2d 728

In the Matter of ELVIN LEBRON, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided December 28, 2006.

As a result of petitioner's refusal to exit his cell during a mandatory call out, he was charged in a misbehavior report with a facility movement violation. Petitioner was found guilty of the charge following a tier II disciplinary hearing, and the determination was affirmed on administrative appeal. Thereafter, petitioner was charged in a second misbehavior report with refusing a direct order and being out of place when he failed...

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