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MATTER OF JAMES v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

519537.

127 A.D.3d 1537 (2015)

5 N.Y.S.3d 924

2015 NY Slip Op 03600

In the Matter of BRIAN JAMES, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided April 30, 2015.

Petitioner was charged in a misbehavior report with fighting, violent conduct and creating a disturbance as a result of an altercation with another inmate. Following a tier III disciplinary hearing, petitioner was found guilty as charged and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

While a review of the hearing transcript demonstrates that the Hearing Officer was often ill-mannered and lacking in professional...

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