MATTER OF HILL v. FISCHER

507481

69 A.D.3d 1103 (2010)

893 N.Y.S.2d 339

2010 NY Slip Op 358

In the Matter of ROBERT HILL, 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.


A correction sergeant conducted an investigation into the circumstances under which an inmate had received two puncture wounds to the back of his head. He determined that petitioner had inflicted the wounds through the use of a pen. As a result, petitioner was charged in a misbehavior report with assaulting an inmate, engaging in violent conduct and using a weapon. Following the reversal of a determination rendered after an initial tier III disciplinary hearing finding petitioner...

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