MATTER OF SMITH v. FISCHER


64 A.D.3d 1061 (2009)

882 N.Y.S.2d 770

In the Matter of REMUS SMITH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 23, 2009.


As the result of an investigation in which information was obtained from confidential sources, correction officials learned that petitioner and two other inmates had planned a revolt to take place in the facility's mosque during religious services and had also threatened another inmate who openly opposed their plan. As a result, petitioner was charged in a misbehavior report with planning a demonstration, making threats and rioting. He was found guilty of these charges following...

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