MATTER OF GOMEZ v. FISCHER

511925.

89 A.D.3d 1341 (2011)

934 N.Y.S.2d 521

2011 NY Slip Op 8524

In the Matter of SANTIAGO GOMEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 23, 2011.


Petitioner, a prison inmate, was served with a misbehavior report charging him with threats, violent conduct, fighting and gang activity after confidential information was received that he was organizing a gang fight in the yard. Following a tier III disciplinary hearing, petitioner was found guilty of all charges except fighting. That determination was affirmed on administrative appeal, after which petitioner commenced this CPLR article 78 proceeding.

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