MATTER OF McIVER v. FISCHER


62 A.D.3d 1174 (2009)

878 N.Y.S.2d 638

In the Matter of DEREK McIVER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 21, 2009.


Petitioner, a prison inmate, was charged in a misbehavior report with disobeying a direct order, making threats and creating a disturbance. At the conclusion of a tier III disciplinary hearing, he was found guilty of all charges. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. Substantial evidence in the form of the misbehavior report and testimony adduced at the hearing...

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