MATTER OF TEVAULT v. FISCHER


61 A.D.3d 1161 (2009)

878 N.Y.S.2d 796

In the Matter of RICHARD TEVAULT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 9, 2009.


Petitioner was charged in a misbehavior report with, among other things, interfering with an employee and abusing state property after it was discovered that he was missing a quantity of prescription medication. At the conclusion of the tier III disciplinary hearing that followed, petitioner was found guilty of the aforementioned charges and a penalty was imposed. Petitioner's administrative appeal was unsuccessful, prompting him to commence this CPLR article 78 proceeding...

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