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MATTER OF LEWIS v. RIVERA

32 A.D.3d 1120 (2006)

821 N.Y.S.2d 678

In the Matter of JAMES LEWIS, Petitioner, v. ISRAEL RIVERA, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

September 28, 2006.

Following an incident in the mess hall during which petitioner purportedly became irate and belligerent toward a correction officer, he was charged in a misbehavior report with creating a disturbance and refusing a direct order. At the ensuing tier II disciplinary hearing, petitioner requested to view a videotape of the incident to establish that he did not engage in the offensive conduct. The Hearing Officer denied the request...

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