MATTER OF RILEY v. FISCHER


58 A.D.3d 976 (2009)

871 N.Y.S.2d 475

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

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

January 15, 2009.


Petitioner, a prison inmate, was charged in a misbehavior report with assaulting staff, engaging in violent conduct, refusing a direct order and violating frisk procedures. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty of all charges. The administrative affirmance of that determination prompted petitioner to commence this CPLR article 78 proceeding seeking annulment.

We initially note that Supreme Court improperly transferred...

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