MATTER OF BROWN v. FISCHER

506677.

67 A.D.3d 1221 (2009)

888 N.Y.S.2d 682

2009 NY Slip Op 08535

In the Matter of ANTONIO BROWN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 19, 2009.


Petitioner, an inmate, was charged in a misbehavior report with violent conduct, assaulting staff and creating a disturbance following an incident during which he struck a correction officer during a pat frisk. Following a tier III disciplinary hearing, petitioner was found guilty on all charges. That determination was affirmed upon administrative review, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report, along with...

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