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MATTER OF APPLEWHITE v. GOORD

49 A.D.3d 1046 (2008)

853 N.Y.S.2d 444

In the Matter of CHRIS APPLEWHITE, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided March 20, 2008.

Petitioner was charged in a misbehavior report with engaging in violent conduct and assaulting staff. A tier III disciplinary hearing ensued and, during the course thereof, petitioner was expelled for disruptive behavior. The hearing proceeded in petitioner's absence and, ultimately, petitioner was found guilty of engaging in violent conduct, but not guilty of assaulting staff. Following an unsuccessful administrative appeal, petitioner...

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