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MATTER OF MONTGOMERY v. FISCHER

510925.

84 A.D.3d 1666 (2011)

923 N.Y.S.2d 918

In the Matter of ARTHUR RAY MONTGOMERY, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 26, 2011.

GARRY, J.

Petitioner was found guilty of engaging in a sexual act with another inmate in violation of prison disciplinary rules following a tier III disciplinary hearing. Upon administrative review, this determination was upheld. Petitioner thereafter commenced this CPLR article 78 proceeding challenging that determination.

The misbehavior report, together with the testimony of the officer who prepared it, the confidential...

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