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MATTER OF CUMMINGS v. FISCHER

508869.

78 A.D.3d 1391 (2010)

910 N.Y.S.2d 700

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

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

Decided November 18, 2010.

Following an investigation, petitioner, a prison inmate, received a misbehavior report charging him with assaulting an inmate and violent conduct based on an altercation with a laundry porter. A tier III disciplinary hearing was held, after which petitioner was found guilty of violent conduct, but not guilty of assaulting an inmate. That determination was affirmed on administrative appeal, after which petitioner commenced this...

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