MATTER OF JUSTICE v. FISCHER

506876.

67 A.D.3d 1286 (2009)

888 N.Y.S.2d 783

2009 NY Slip Op 08736

In the Matter of JOHN D. JUSTICE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Service, Respondent.

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

Decided November 25, 2009.


Petitioner was charged with violating the prison disciplinary rules that prohibit fighting, soliciting, the failure to report an injury and the making of threats. The charges stemmed from petitioner being observed with a serious eye injury and the subsequent investigation. Following a tier III disciplinary hearing, petitioner was found guilty of failing to report an injury and not guilty on the remaining charges. This determination was affirmed on administrative appeal, prompting...

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