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IN THE MATTER OF DAWES v. FISCHER

503984.

2008 NY Slip Op 06336

IN THE MATTER OF IAN DAWES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Ian Dawes, Elmira, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Kane and Malone Jr., JJ.

MEMORANDUM AND JUDGMENT

Petitioner commenced this CPLR article 78 proceeding seeking to annul a tier III disciplinary determination finding him guilty of violating the prison disciplinary rules that prohibit assaulting another inmate, fighting, creating a disturbance and refusing a direct order, as well as an administrative determination directing that he be placed in involuntary protective custody. The Attorney General has advised this Court that the tier III determination...

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