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MATTER OF BROWN v. FISCHER

508877

76 A.D.3d 1132 (2010)

908 N.Y.S.2d 270

In the Matter of JOHN BROWN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 23, 2010.

Petitioner, a prison inmate, was served with a misbehavior report charging him with violating visiting procedures and engaging in a sexual act. The charges arose from an incident in which a correction officer was watching the visiting area through a video monitor and allegedly witnessed petitioner's visitor reach through an opening in the divider, unzip petitioner's pants and remove and stroke his penis. Following a tier III disciplinary...

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