McFadden v. Amodio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (M. Walsh, J.), entered September 21, 2015 in Albany County, which, among other things, granted defendants’ motion to dismiss the amended complaint.
Plaintiff was charged in two misbehavior reports with violating certain prison disciplinary rules; the February 2010 misbehavior report was authored by defendant David V. Amodio, and the October 2011 misbehavior report was authored by defendant Gregory Edgar — both of whom are employees of the Department of Corrections and Community Supervision (hereinafter DOCCS). Although plaintiff was found guilty of…
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