MATTER OF REID v. FISCHER

509270.

78 A.D.3d 1400 (2010)

911 N.Y.S.2d 492

In the Matter of RASHAD REID, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondent.

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

Decided November 18, 2010.


Petitioner, a prison inmate, received a misbehavior report charging him with engaging in gang activities after a correction officer witnessed him and other inmates appearing to pose while some exhibited gang hand signs, and then taking a group photograph in which petitioner wore gang-related colors and appeared to be "flagging" for the group with his hat while another made gang-related hand signs. A tier III disciplinary hearing was held, after which petitioner was found...

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