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MATTER OF MADDEN v. GRIFFIN

515818.

109 A.D.3d 1060 (2013)

971 N.Y.S.2d 586

2013 NY Slip Op 6046

In the MATTER OF EDWIN MADDEN, Petitioner, v. P. GRIFFIN, as Superintendent of Sullivan Correctional Facility, et al., Respondents.

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

Decided September 26, 2013.

Petitioner was charged in a misbehavior report with creating a disturbance, interfering with an employee, refusing a direct order and being out of place. Following a tier II disciplinary hearing, he was found not guilty of being out of place but guilty of the remaining charges. That determination was affirmed on administrative review and this CPLR article 78 proceeding ensued.*

Initially, respondents...

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