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MATTER OF WEEMS v. FISCHER

508873.

82 A.D.3d 1454 (2011)

919 N.Y.S.2d 548

In the Matter of KEVIN WEEMS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided March 24, 2011.

PETERS, J.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge one tier II prison disciplinary determination and five tier III prison disciplinary determinations. The tier II disciplinary determination found him guilty of refusing a direct order and failure to maintain cell orderliness. The first tier III determination, rendered in May 2009, found him guilty of unauthorized exchange, unauthorized possession and possession of an altered...

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