MATTER OF STEWARD v. FISCHER

512973.

95 A.D.3d 1523 (2012)

943 N.Y.S.2d 917

2012 NY Slip Op 3908

In the Matter of ANTHONY STEWARD, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 17, 2012.


Petitioner commenced this CPLR article 78 proceeding challenging two determinations finding him guilty of violating various prison disciplinary rules following two tier III disciplinary hearings. The first misbehavior report charged petitioner with drug use—after his urine twice tested positive for the presence of opiates—and violating urinalysis testing procedures. The second misbehavior report, charging petitioner...

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