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MATTER OF OSORIO v. FISCHER

510734.

87 A.D.3d 1206 (2011)

929 N.Y.S.2d 776

2011 NY Slip Op 6508

In the Matter of ALARIC OSORIO, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 22, 2011.

Petitioner was charged in a misbehavior report with smuggling, conspiring to sell drugs and forwarding calls to third parties. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Petitioner pleaded guilty to forwarding calls to third parties. Therefore, he is precluded from challenging the part of the determination finding him guilty of this...

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