MATTER OF WILLIAMS v. FISCHER

513947.

98 A.D.3d 1180 (2012)

950 N.Y.S.2d 827

2012 NY Slip Op 6244

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

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

September 20, 2012.


Petitioner commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination — affirmed on administrative appeal — that found him guilty of violating four prison disciplinary rules set forth in two misbehavior reports. As the Attorney General concedes, the determination must be annulled insofar as it found petitioner guilty of the charges in the first misbehavior report (see Matter of Bilal v Fischer,

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