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IN THE MATTER OF DAVIS v. FISCHER

509655.

78 A.D.3d 1416 (2010)

910 N.Y.S.2d 599

In the Matter of JACK DAVIS, 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.

During an investigation into a prison inmate's injury and possible involvement in a fight, petitioner was found to have a swollen lip and a cut to the back of his head. Petitioner thereafter was served with a misbehavior report charging him with assault, fighting, violent conduct and failure to report an injury. Following a tier III disciplinary hearing, he was found guilty only of the charge of failure to report an injury, and that determination was affirmed on administrative...

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