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MATTER OF FOSTER v. BEZIO

62 A.D.3d 1222 (2009)

In the Matter of ANTHONY FOSTER, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 28, 2009.

Following an altercation with another inmate, petitioner admitted to violations for fighting and exhibiting violent conduct. A tier III disciplinary hearing was subsequently held, after which petitioner was found guilty of the additional charges of refusing a direct order, causing a disturbance, assaulting an inmate and possessing a weapon. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

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