MATTER OF DAVIS v. FISCHER

508452

76 A.D.3d 1154 (2010)

907 N.Y.S.2d 722

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

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

Decided September 30, 2010.


Following an investigation into the receipt of two letters of a personal nature received by a female commissary employee, petitioner, a prison inmate, received a misbehavior report charging him with harassing an employee, stalking, smuggling, lying and soliciting sex. A tier III disciplinary hearing ensued, after which petitioner was found guilty of all charges and was assessed various penalties, including the recommended loss of good time. Facility officials thereafter reduced...

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