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MATTER OF COLLINS v. FISCHER

512092.

89 A.D.3d 1355 (2011)

932 N.Y.S.2d 916

2011 NY Slip Op 8533

In the Matter of LINDWOOD COLLINS, 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 charged in a misbehavior report with harassment of an employee after an investigation into several sexually explicit letters sent to female facility employees revealed him to be the alleged author. Following a tier III disciplinary hearing, petitioner was found guilty of that charge. When the determination was upheld administratively, petitioner commenced this CPLR article 78 proceeding.

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