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MATTER OF FLEMMING v. ROCK

516447

112 A.D.3d 1259 (2013)

977 N.Y.S.2d 508

2013 NY Slip Op 8571

In the Matter of WOODROW FLEMMING, Petitioner, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided December 26, 2013.

Petitioner, a prison inmate, was charged in a misbehavior report with disobeying a direct order and violating mess hall serving procedures after he refused to hand his feed-up tray out of his cell during the morning collection. Following a tier III disciplinary hearing at which petitioner pleaded guilty with explanation, the Hearing Officer found him guilty of both charges and the determination was upheld on administrative appeal...

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