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MATTER OF MAYS v. EARLY

525188.

161 A.D.3d 1412 (2018)

73 N.Y.S.3d 772

2018 NY Slip Op 03578

In the Matter of Kevin R. Mays, Petitioner, v. Peter D. Early, as Deputy Superintendent of Security for Otisville Correctional Facility, Respondent.

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

Decided May 17, 2018.

Petitioner was charged in a misbehavior report with harassment, creating a disturbance and interfering with an employee stemming from his belligerent and insolent behavior toward a correction officer who directed petitioner not to open a window in the housing unit. Following a tier II disciplinary hearing, petitioner was found guilty of all charges and that determination was affirmed upon administrative appeal. This CPLR article...

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