MATTER OF BENSTON v. FISCHER

506118.

67 A.D.3d 1139 (2009)

888 N.Y.S.2d 305

2009 NY Slip Op 08101

In the Matter of MAURICE BENSTON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 12, 2009.


Following a physical altercation between petitioner and another inmate, a confidential informant disclosed to a correction officer that petitioner was affiliated with a gang and that the altercation occurred because the other inmate was a rival gang member who had disrespected petitioner. In response, the correction officer interviewed petitioner and petitioner denied any gang affiliation. Petitioner was thereafter charged in two misbehavior reports. The first charged him...

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