MATTER OF PEREZ v. FISCHER


62 A.D.3d 1104 (2009)

879 N.Y.S.2d 232

In the Matter of EUGENE PEREZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 14, 2009.


Following a tier III disciplinary hearing, petitioner was found guilty of making threats against another inmate. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.*

Petitioner's lone contention is that he was denied due process when the Hearing Officer denied his request to call as a witness the officer who locked the prisoners in their cells on the day of the alleged incident. Initially...

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