MATTER OF LAMAGE v. FISCHER

514221.

100 A.D.3d 1176 (2012)

953 N.Y.S.2d 736

2012 NY Slip Op 7745

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

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

November 15, 2012.


Petitioner and another inmate were observed punching each other in a crowded prison yard area, ignoring several directives to stop. As a result, petitioner was charged in a misbehavior report with fighting, disobeying a direct order, violent conduct and creating a disturbance. Following a tier II disciplinary hearing, petitioner was found guilty of all of the charges. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article...

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