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IN THE MATTER OF POVOSKI v. FISCHER

3599-11.

2011 NY Slip Op 33091 (U)

In The Matter of FRANK J. POVOSKI, JR., Petitioner, v. BRIAN FISCHER, Respondents, For A Judgment Pursuant to Article 78 of the Civil Practice Law and Rules.

Supreme Court, Albany County.

November 16, 2011.

Attorney(s) appearing for the Case

Frank J. Povoski, Jr. , Inmate No. 05-B-2531, Petitioner, Pro Se, Clinton Correctional Facility, 1156 Route 374, P.O. Box 2001, Dannemora, NY 12929,

Eric T. Schneiderman , Attorney General, State of New York Attorney For Respondent, The Capitol Albany, New York 12224, ( Cathy Y. Sheehan , Assistant Attorney General, of Counsel).

DECISION/ORDER/JUDGMENT

GEORGE B. CERESIA Jr., Judge.

The petitioner, an inmate at Clinton Correctional Facility, commenced the instant CPLR Article 78 proceeding to review a disciplinary determination dated November 25, 2010 in which he was found guilty of violating prison rules. Specifically, he was found guilty of violating Rule 108.13, possession of escape paraphernalia. Of particular relevance here, the Hearing Officer imposed a penalty which included...

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