IN THE MATTER OF TRIPLETT v. FISCHER


54 A.D.3d 1075 (2008)

864 N.Y.S.2d 195

In the Matter of OMAR TRIPLETT, Petitioner, v. BRIAN S. FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

September 11, 2008.


After petitioner was observed throwing fecal matter from his cell, he was charged in a misbehavior report with committing an unhygienic act. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed with a modified penalty, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. Substantial evidence consisting...

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