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MATTER OF ARPA v. DAVID

32 A.D.3d 1140 (2006)

821 N.Y.S.2d 495

In the Matter of the Claim of JOHN ARPA, Petitioner, v. JOE DAVID, as Superintendent of Greene Correctional Facility, et al., Respondents.

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

September 28, 2006.

Petitioner was present at an unauthorized meeting of a group of inmates during which he questioned the inmates about a theft in the dormitory. A fist fight subsequently ensued. As a result, two misbehavior reports were filed against petitioner, one charging him with engaging in an unauthorized assembly and making an unauthorized address, and the second charging him with fighting and engaging in violent conduct. A tier III disciplinary hearing was subsequently conducted concerning...

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