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MATTER OF LOPEZ v. ANNUCCI

521747.

138 A.D.3d 1338 (2016)

28 N.Y.S.3d 642

2016 NY Slip Op 03053

In the Matter of HECTOR LOPEZ, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 21, 2016.

Petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, refusing a direct order and destroying state property after allegedly engaging in a physical altercation with a fellow inmate. Petitioner executed a waiver of his right to attend the tier II hearing. The hearing proceeded in his absence, at the conclusion of which petitioner was found guilty of all charges. Following an unsuccessful administrative...

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