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IN THE MATTER OF DOUGLAS v. FISCHER

70 A.D.3d 1225 (2010)

893 N.Y.S.2d 907

In the Matter of GLENN DOUGLAS, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided February 18, 2010.

Lahtinen, J.

Following a tier III disciplinary hearing conducted on May 8, 2008, petitioner was found guilty of violent conduct and assaulting a staff member. In July 2008, petitioner wrote a letter to prison officials inquiring as to the status of an appeal of the determination that he alleged he had timely filed. Respondent Director of Special Housing and Inmate Disciplinary Programs informed petitioner that no appeal from that determination was

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