LEIGH v. FISCHER


56 A.D.3d 1095 (2008)

867 N.Y.S.2d 363

In the Matter of KENNETH LEIGH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

November 26, 2008.


At the conclusion of a tier III prison disciplinary hearing, petitioner was found guilty of refusing a direct order, being out of place, violating count procedures, creating a disturbance and harassing staff. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued. We now confirm.

The determination of guilt is supported by substantial evidence consisting of the misbehavior report and corroborating hearing...

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