MATTER OF JOSEPH v. LACLAIR

504899.

67 A.D.3d 1132 (2009)

887 N.Y.S.2d 875

2009 NY Slip Op 08093

In the Matter of NIGEL JOSEPH, Petitioner, v. D. LACLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided November 12, 2009.


After petitioner was discovered with a black eye and a bite mark on his left shoulder and his proffered explanations for the injuries were unsubstantiated, he was charged in a misbehavior report with fighting and failing to promptly report an injury. Following a tier II disciplinary hearing, he was found guilty of both charges. Petitioner's administrative appeal was unavailing, whereupon he commenced this CPLR article 78 proceeding. The Attorney General has advised this Court...

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