MATTER OF LYNCH v. FISCHER

508614

76 A.D.3d 734 (2010)

905 N.Y.S.2d 523

In the Matter of ANTHONY LYNCH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 5, 2010.


Petitioner was charged in a misbehavior report with engaging in lewd conduct after he exposed his genitals to female correction officers. Following a tier III disciplinary hearing, he was found guilty of the charge. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The misbehavior report, together with the testimony of the correction officers who observed the incident in question, provide substantial...

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