MATTER OF PROCOPIO v. FISCHER

513494.

100 A.D.3d 1292 (2012)

954 N.Y.S.2d 696

2012 NY Slip Op 8193

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

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

November 29, 2012.


Although petitioner challenged numerous prison disciplinary determinations in this CPLR article 78 proceeding, he limits his arguments here to one finding him guilty of violating the prison disciplinary rule prohibiting inmates from possessing a weapon. Petitioner asserts that he received inadequate employee assistance therein but, assuming any inadequacies existed, they were remedied by the Hearing Officer and did not lead to prejudice (see Matter of Barnes v Bezio,<...

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