MATTER OF PENDER v. FISCHER

507411

69 A.D.3d 1099 (2010)

893 N.Y.S.2d 347

2010 NY Slip Op 355

In the Matter of RICKY PENDER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 14, 2010.


Petitioner was charged in a misbehavior report with refusing a direct order, making threats and failing to comply with visitation room guidelines. Following a tier III disciplinary hearing, petitioner was found guilty of failing to comply with visitation room guidelines and refusing a direct order, but not the charge of making threats. That determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

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