MATTER OF WHEELER v. FISCHER

512956.

96 A.D.3d 1246 (2012)

946 N.Y.S.2d 903

2012 NY Slip Op 5042

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

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

June 21, 2012.


Petitioner, an inmate, was found guilty after three separate tier II prison disciplinary hearings of violating numerous rules, after which it was determined that he was ineligible to receive a merit time allowance because the aggregate keeplock penalties that he received as a result of the three hearings exceeded 60 days (see 7 NYCRR 280.2 [b] [3]). Petitioner filed an administrative appeal and commenced this CPLR article 78 proceeding challenging respondent's ruling...

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