MATTER OF BROWN v. FISCHER

513502.

98 A.D.3d 775 (2012)

948 N.Y.S.2d 924

2012 NY Slip Op 5869

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

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

Decided August 2, 2012.


During the course of an investigation which included the receipt of information from a confidential source, correction officials learned that, as part of his initiation into a gang, petitioner cut another inmate and caused a wound to the inmate's face. As a result, petitioner was charged in a misbehavior report with assaulting another inmate, engaging in violent conduct, possessing a weapon, engaging in gang-related activity and fighting. Following a tier III disciplinary...

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