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MATTER OF MILLS v. BRIAN FISCHER AS COMMISSIONER OF CORRECTIONAL SERVICES

65 A.D.3d 1427 (2009)

885 N.Y.S.2d 435

In the Matter of ANTHONY MILLS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 24, 2009.

Based upon an allegation that petitioner sent a sexually explicit letter to a nurse at the correctional facility where he was incarcerated, he was charged in a misbehavior report with engaging in harassment, making threats, committing a sexual offense and violating facility correspondence procedures. Petitioner was found guilty of the charges following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding...

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