Lashway v. Irvin

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner challenges the continuation of his Tier III hearing in his absence after he was forcibly removed from the hearing room for alleged inappropriate behavior. According to an affidavit of the Hearing Officer and memoranda from correction officers who subdued petitioner, as the hearing commenced, petitioner put his hand into his pocket and pulled it out with his fist clenched. Petitioner was restrained by a correction officer and attempted to bite, kick and spit at various correction officers. That…