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IN THE MATTER OF ROBERSON v. BEZIO

70 A.D.3d 1226 (2010)

In the Matter of EDWARD ROBERSON, 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 February 18, 2010.

Cardona, P.J.

After an inmate (hereinafter the victim) was assaulted and identified petitioner as one of his attackers in a photo array, petitioner was charged in a misbehavior report with creating a disturbance, assaulting an inmate, engaging in violent conduct and being out of place. He was found guilty of the charges following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal with a modified penalty, and this CPLR article...

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