MATTER OF BUTLER v. FISCHER

506890.

67 A.D.3d 1112 (2009)

889 N.Y.S.2d 259

2009 NY Slip Op 07916

In the Matter of JAMAL BUTLER, 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.


Following a fight involving 17 inmates in the prison yard, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and failing to report an injury after he was discovered with lacerations to his left forearm and the right side of his head. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. His administrative appeal was unsuccessful and petitioner thereafter commenced this CPLR article 78 proceeding.

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