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IN THE MATTER OF DAVIS v. BURGE

55 A.D.3d 1162 (2008)

866 N.Y.S.2d 428

In the Matter of ROBERT DAVIS, Appellant, v. JOHN W. BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

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

October 30, 2008.

Spain, J.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging (1) a determination of the Central Office Review Committee which denied his grievance alleging that he had been verbally harassed by a correction officer and (2) a tier II disciplinary determination of respondent which found him guilty of being out of place after he was observed in the G block area instead of the hospital area where he was assigned to work. Supreme Court dismissed...

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