MATTER OF RIOS v. FISCHER


59 A.D.3d 797 (2009)

873 N.Y.S.2d 752

In the Matter of ELI RIOS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 11, 2009.


Following two major disturbances involving gang members, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting unauthorized organization and demonstration. He was ultimately found guilty of only unauthorized organization. Petitioner then commenced this CPLR article 78 proceeding seeking annulment. We now confirm.

It is initially noted that petitioner has abandoned his claim that the determination of guilt is not supported...

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