MATTER OF RODRIGUEZ v. FISCHER

508850

76 A.D.3d 1131 (2010)

908 N.Y.S.2d 271

In the Matter of JOSE RODRIGUEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 23, 2010.


Following a prison fight that resulted in the stabbing death of a fellow inmate, petitioner was served with a misbehavior report charging him with multiple prison disciplinary violations. During the course of a tier III disciplinary hearing, petitioner pleaded guilty to violent conduct, assault and fighting, but pleaded not guilty to possessing a weapon and creating a disturbance. Following the hearing, he was found guilty of all charges and that determination was affirmed...

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