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MATTER OF COLEMAN v. FISCHER

509957.

81 A.D.3d 1018 (2011)

916 N.Y.S.2d 846

In the Matter of DEMETRIUS COLEMAN, Petitioner, v. BRIAN FISCHER, as COMMISSIONER OF CORRECTIONAL SERVICES, et al., Respondents.

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

Decided February 3, 2011.

Petitioner, an inmate, was found guilty following a tier III hearing of violating certain prison disciplinary rules in October 2009. Following a separate tier III disciplinary hearing, he was found guilty in November 2009 of violating the rule prohibiting the use of a controlled substance. Both determinations were affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued. After issue was joined, Supreme Court annulled the October 2009 determination and...

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