MATTER OF BERMUDEZ v. FISCHER

507740.

71 A.D.3d 1361 (2010)

897 N.Y.S.2d 302

In the Matter of ISAIAS BERMUDEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 25, 2010.


After petitioner was involved in an altercation with correction officers while he was being pat frisked, he was served with a misbehavior report charging him with refusing a direct order, refusing to comply with frisk procedure and violent conduct. Subsequent to a tier III disciplinary hearing, petitioner was found guilty of all charges. Petitioner's administrative appeal was unsuccessful, and he thereafter commenced this CPLR article 78 proceeding to challenge that determination...

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