MATTER OF BARTLEY v. FISCHER

507927.

73 A.D.3d 1363 (2010)

901 N.Y.S.2d 743

In the Matter of LAWRENCE BARTLEY, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 20, 2010.


We confirm both determinations.* First, with regard to the prison disciplinary proceeding, petitioner claims that his employee assistant was inadequate in failing to provide him with a copy of the use of force report, but any error was cured given that the Hearing Officer provided him with a copy (see Matter of Davis v Prack, 63 A.D.3d 1457, 1458 [2009]). Moreover, substantial evidence supports the...

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