IN THE MATTER OF ENGLISH v. FISCHER


55 A.D.3d 1206 (2008)

865 N.Y.S.2d 585

In the Matter of FREDERICK L. ENGLISH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

October 30, 2008.


Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order, violating frisk procedures and smuggling. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty of all three charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. The misbehavior report and testimony adduced at the hearing,...

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