MATTER OF OTERO v. FISCHER


54 A.D.3d 1082 (2008)

863 N.Y.S.2d 833

In the Matter of RICHARD OTERO, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

September 11, 2008.


Following a tier III disciplinary hearing, petitioner was found guilty of assaulting two other inmates. Upon administrative appeal, that determination was affirmed with a modified penalty. This CPLR article 78 proceeding by petitioner ensued.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report, photographs depicting blood and injuries on petitioner's hands and testimony adduced at the hearing, including...

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