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MATTER OF McALLISTER v. FISCHER

51 A.D.3d 1159 (2008)

858 N.Y.S.2d 803

In the Matter of CHARLES McALLISTER, Petitioner, v. BRIAN S. FISCHER, as Commissioner of Correctional Services, Respondents.

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

Decided May 8, 2008.

Malone Jr., J.

Petitioner was charged in a misbehavior report with providing unauthorized legal assistance and lying. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges and a penalty of 30 days of confinement in the special housing unit was imposed. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking to annul respondent's determination.

Contrary...

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