MATTER OF McLAUGHLIN v. FISCHER

506996

69 A.D.3d 1071 (2010)

893 N.Y.S.2d 364

2010 NY Slip Op 330

In the Matter of WILLIAM McLAUGHLIN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided January 14, 2010.


Following a melee in the prison exercise yard involving multiple inmates, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct and failing to follow a direct order. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and the hearing testimony of its author provide...

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