MATTER OF FONTAINE v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY


35 A.D.3d 1113 (2006)

825 N.Y.S.2d 595

In the Matter of DERRICK FONTAINE, Petitioner, v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY, Respondent.

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

Decided December 28, 2006.


As a result of three misbehavior reports alleging that petitioner started three separate fires in his cell within a short time period, he was charged with violating various prison disciplinary rules prohibiting, among other things, arson and destruction of state property. Following a tier III rehearing, petitioner was found guilty of all but one charge, and the penalty included, among other things, confinement to the special housing unit for a period of one year. Petitioner...

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