MATTER OF JOSEPH v. FISCHER

510736.

85 A.D.3d 1514 (2011)

925 N.Y.S.2d 917

2011 NY Slip Op 5603

In the Matter of TYRELLE JOSEPH et al., Petitioners, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 30, 2011.


PETERS, J.

Petitioners, two prison inmates, were charged in separate misbehavior reports with gang activity, conspiring to commit assault on staff and conspiring to engage in group violence. Following separate tier III hearings, petitioners were found guilty as charged. These determinations were affirmed on administrative review and petitioners thereafter commenced this CPLR article 78 proceeding.

In their petition petitioners limit their challenge to that...

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