MATTER OF BOYD v. FISCHER

508435.

74 A.D.3d 1679 (2010)

904 N.Y.S.2d 790

In the Matter of TIMOTHY BOYD, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 24, 2010.


Following an investigation, petitioner, a prison inmate, was served with a misbehavior report charging him with conspiring to introduce drugs into the facility and making threats. A tier III disciplinary hearing was held, after which petitioner was found guilty of both charges. That determination was upheld on administrative appeal, and petitioner commenced this CPLR article 78 proceeding to challenge that determination.

We confirm. The misbehavior report and testimony...

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