MATTER OF SAMUEL v. FISCHER


53 A.D.3d 960 (2008)

861 N.Y.S.2d 523

In the Matter of JAMALL SAMUEL, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided July 24, 2008.


Following a fire in an inmate's cell which injured the inmate and damaged state property, investigating correction officers discovered information leading them to believe that petitioner had ordered another inmate to set the fire. As a result, he was charged in a misbehavior report with arson, assaulting an inmate and destroying state property. Petitioner was found guilty of the charges following a tier III disciplinary hearing. On administrative appeal, the determination...

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