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MATTER OF MADISON v. CUNNINGHAM

506159.

67 A.D.3d 1141 (2009)

888 N.Y.S.2d 309

2009 NY Slip Op 08103

In the Matter of DIALLORAFIK A. MADISON, Appellant, v. RAYMOND J. CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

Decided November 12, 2009.

Petitioner was observed by a correction officer in an area of the correctional facility that he failed, before leaving his cell, to disclose on the inmate tracking sheet. When petitioner saw the officer, he fled to a nearby classroom. As a result, petitioner was charged in a misbehavior report with being out of place and violating facility movement procedures. He was found guilty of the charges at the conclusion of a tier II disciplinary...

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