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MATTER OF HODGES v. FISCHER

505915.

71 A.D.3d 1295 (2010)

895 N.Y.S.2d 888

In the Matter of CLIFTON HODGES, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 18, 2010.

While conducting a facility count on December 11, 2007, a correction officer observed petitioner with his hand inside the front of his pants stroking his groin area. The incident led to a confrontation and petitioner was subsequently charged in a misbehavior report with engaging in lewd conduct and refusing to obey a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of the former charge but not...

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