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MATTER OF DIAZ v. FISCHER

511569.

87 A.D.3d 782 (2011)

927 N.Y.S.2d 806

2011 NY Slip Op 6173

In the Matter of DORIAN DIAZ, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 4, 2011.

Following an investigation into an incident in which an inmate was stabbed eight times, petitioner was charged in a misbehavior report with assault as an accessory, violent conduct as an accessory, and making false statements. Petitioner was found guilty of all three charges after a tier III disciplinary hearing. The determination was upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding, which...

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