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MATTER OF GARCIA v. M. BERTONE

511065.

91 A.D.3d 1217 (2012)

936 N.Y.S.2d 919

2012 NY Slip Op 432

In the Matter of EDWIN GARCIA, Petitioner, v. M. BERTONE, as Disciplinary Hearing Officer, et al., Respondents.

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

Decided January 26, 2012.

Petitioner began arguing with another inmate and ignored a correction officer's order to stop until after a physical altercation ensued. As a result, petitioner was charged in a misbehavior report with fighting and refusing a direct order. He was found guilty of the charges following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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