MATTER OF CASTRO v. FISCHER

512350.

91 A.D.3d 1013 (2012)

936 N.Y.S.2d 368

2012 NY Slip Op 81

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

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

Decided January 5, 2012.


Petitioner, a prison inmate, was served with a misbehavior report charging him with stalking, harassment and creating a disturbance after confidential information was received that he and other inmates were looking at female correction officers through a peep hole in the wall of a staff bathroom. Petitioner was found guilty of all charges following a tier III disciplinary hearing. On administrative appeal, the charge of creating a disturbance was dismissed and the penalty...

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