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MATTER OF VANCE v. STATE, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

525228.

159 A.D.3d 1210 (2018)

70 N.Y.S.3d 96

2018 NY Slip Op 01692

In the Matter of WAYNE P. VANCE, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided March 15, 2018.

Petitioner was charged in a misbehavior report with refusing a direct order, creating a disturbance, assaulting staff and engaging in violent conduct. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. Petitioner thereafter requested reconsideration, and the determination was administratively reversed and a rehearing ordered due to the hearing not being properly recorded. Prior...

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