MATTER OF PHIPPS v. FISCHER

510146.

82 A.D.3d 1396 (2011)

918 N.Y.S.2d 385

In the Matter of KENYATTA B. PHIPPS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 10, 2011.


Based upon an investigation, petitioner, a prison inmate, was identified as a gang member who was involved in a conspiracy to assault several prison guards. As a result, he was charged in a misbehavior report with gang activity, conspiring to commit an assault on staff and conspiring to participate in group violence, and he was found guilty of those charges after a tier III disciplinary hearing. That determination was affirmed...

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