MATTER OF SAMUELS v. FISCHER

513503.

98 A.D.3d 776 (2012)

949 N.Y.S.2d 800

2012 NY Slip Op 5870

In the Matter of KENNETH SAMUELS, 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 August 2, 2012.


Following a tier III disciplinary hearing, petitioner was found guilty of engaging in violent conduct, creating a disturbance, two counts of assaulting staff, two counts of refusing a direct order, interfering with an employee, being out of place and violating facility movement regulations. The determination was upheld upon petitioner's administrative appeal and this CPLR article 78 proceeding challenging that determination ensued.*

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