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MATTER OF VENTIMIGLIA v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

513171.

94 A.D.3d 1327 (2012)

942 N.Y.S.2d 699

2012 NY Slip Op 2941

In the Matter of SEBASTIAN VENTIMIGLIA, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided April 19, 2012.

Petitioner was charged in a misbehavior report with refusing a direct order after he failed to disclose to a correction officer the name of the individual who changed the information on his package room folder to enable him to receive a larger monthly allotment of food. He was found guilty of this charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding...

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