IN THE MATTER OF BRITT v. FISCHER


54 A.D.3d 1087 (2008)

864 N.Y.S.2d 571

In the Matter of WILLIAM BRITT, 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.


During the investigation of a cube fire, confidential information was disclosed implicating petitioner and another inmate as the individuals who directed a third inmate to set the fire which resulted in minor injuries to another inmate. As a result, petitioner was charged in a misbehavior report with assaulting an inmate, damaging state property and conspiring to start a fire. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination...

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