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MATTER OF GAINES v. FISCHER

505923.

67 A.D.3d 1080 (2009)

889 N.Y.S.2d 283

2009 NY Slip Op 07895

In the Matter of ROGER GAINES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 5, 2009.

Petitioner was a participant in a fight involving multiple inmates and he disregarded a correction officer's directive to cease such conduct. As a result, he was charged in a misbehavior report with fighting, refusing a direct order and creating a disturbance. Following a tier III disciplinary hearing, he was found guilty of the charges, and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding...

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