MATTER OF SMITH v. FISCHER


60 A.D.3d 1230 (2009)

875 N.Y.S.2d 617

In the Matter of JULIO ISLEY SMITH, 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 March 19, 2009.


Petitioner was charged in three separate misbehavior reports with violating various prison disciplinary rules. At the conclusion of the tier III disciplinary hearing that followed, the Hearing Officer found petitioner guilty of all but one of the charges and imposed a penalty. Petitioner's administrative appeal proved unsuccessful, prompting him to commence this CPLR article 78 proceeding challenging the determination of guilt.

To the extent that petitioner raises...

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