MATTER OF TAYLOR v. FISCHER

509736.

80 A.D.3d 1037 (2011)

914 N.Y.S.2d 691

In the Matter of HAROLD TAYLOR, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 20, 2011.


While incarcerated at Clinton Correctional Facility in Clinton County, petitioner was charged in a misbehavior report with various disciplinary rule violations after he struck a correction officer with his fist. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Following service of respondent's answer...

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