MATTER OF KING v. FISCHER


62 A.D.3d 1194 (2009)

878 N.Y.S.2d 640

In the Matter of FRANK KING, 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 was charged in two misbehavior reports with refusing a direct order, possessing an unauthorized identification card, possessing identifying information of a facility employee and organizing a demonstration. A combined tier III disciplinary hearing ensued, at which petitioner pleaded guilty to possessing an unauthorized identification card and not guilty to the remaining charges. At the conclusion of the hearing, petitioner was found guilty of organizing a demonstration...

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