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MATTER OF LINEBERGER v. BEZIO

511293.

89 A.D.3d 1293 (2011)

932 N.Y.S.2d 738

2011 NY Slip Op 8248

In the Matter of JERRY LINEBERGER, 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 November 17, 2011.

A correction officer observed petitioner engaged in a physical altercation with another inmate and, as a result, he was charged in a misbehavior report with fighting, assault, engaging in violent conduct and possessing a weapon. At a January 2010 tier III disciplinary hearing, petitioner pleaded guilty to fighting and engaging in violent conduct, and a hearing was then conducted on the remaining charges. Thereafter, he was found guilty of all the remaining charges; however...

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