MATTER OF JONES v. FISCHER

512153.

94 A.D.3d 1298 (2012)

942 N.Y.S.2d 674

2012 NY Slip Op 2913

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

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

Decided April 19, 2012.


A correction officer witnessed petitioner cut another inmate and cause a laceration to the inmate's face. As a result, petitioner was charged in a misbehavior report with assaulting the inmate. Following a tier III disciplinary hearing, petitioner was found guilty and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of its author and the related documentation...

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