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MATTER OF LEBRON v. ARTUS

48 A.D.3d 993 (2008)

852 N.Y.S.2d 451

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 February 28, 2008.

Spain, J.

Petitioner, an inmate, was found guilty following a tier II hearing in October 2005 of possession of authorized articles in an unauthorized area. Following a separate tier II hearing in December 2005, petitioner was found guilty of making false statements, being out of place, violating facility regulations regarding movement and leaving an assigned area. In a third matter, petitioner had previously been given authorization to correspond with two other inmates...

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