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MATTER OF POVOSKI v. FISCHER

511926.

93 A.D.3d 963 (2012)

939 N.Y.S.2d 724

2012 NY Slip Op 1706

In the Matter of FRANK J. POVOSKI, JR., Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided March 8, 2012.

Petitioner was charged in a misbehavior report with being out of place and leaving an assigned work area. According to the report, after attending an inmate liaison committee meeting, petitioner went to his cellblock instead of returning to his assigned work program at the facility law library. Following a tier II disciplinary hearing, petitioner was found guilty of both charges. The determination was upheld on administrative appeal...

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