MATTER OF WATSON v. FISCHER

513635.

98 A.D.3d 1171 (2012)

950 N.Y.S.2d 818

2012 NY Slip Op 6234

In the Matter of JAMES WATSON, Appellant, v. BRIAN S. FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

September 20, 2012.


As a result of an altercation with another inmate, petitioner was charged in a misbehavior report with assaulting an inmate, engaging in violent conduct, fighting, creating a disturbance and refusing a direct order. A tier III disciplinary hearing was thereafter conducted. Petitioner did not attend the full hearing, but signed a form acknowledging that the hearing would be concluded in his absence. The Hearing Officer rendered a disposition finding petitioner guilty of all...

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