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MATTER OF ELLIOTT v. FISCHER

513162.

94 A.D.3d 1326 (2012)

942 N.Y.S.2d 698

2012 NY Slip Op 2940

In the Matter of WILLIAM ELLIOTT, 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.

As a result of an investigation and confidential information, petitioner was served with a misbehavior report charging him with assault, fighting and violent conduct. The charges stem from two alleged incidents: one where hot liquid was thrown on an inmate while he was in a bathroom stall on January 20, 2011 and the other the following day when petitioner and that inmate engaged in a fight outside the bathroom. Following a tier...

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