MATTER OF JOHNSON v. FISCHER

510810.

84 A.D.3d 1623 (2011)

922 N.Y.S.2d 829

In the Matter of ROBERT JOHNSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 19, 2011.


An inmate reported to correction officials that petitioner forced him to engage in sexual acts. As a result, petitioner was charged in a misbehavior report with soliciting sexual acts and having physical contact with another inmate. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

The misbehavior report, together with...

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