MATTER OF ANDERSON v. FISCHER


63 A.D.3d 1462 (2009)

880 N.Y.S.2d 867

In the Matter of JEROME ANDERSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 25, 2009.


A parole officer searched the apartment of a former inmate and found a letter authored by petitioner in which he solicited the inmate's assistance in a planned escape from the correctional facility where he was confined. As a result, petitioner was charged in a misbehavior report with conspiracy to escape. He was found guilty of the charge following a tier III disciplinary hearing and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued...

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