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MATTER OF TULLOCH v. FISCHER

512165.

90 A.D.3d 1370 (2011)

935 N.Y.S.2d 696

2011 NY Slip Op 9232

In the Matter of ALBERT TULLOCH, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided December 22, 2011.

Following an incident in the mess hall during which he apparently slashed a fellow inmate in the neck and leg with a butcher knife, petitioner was charged in a misbehavior report with assault and possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed on administrative appeal.* Petitioner then commenced this CPLR article 78 proceeding to challenge the determination...

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