PEREZ v. FISCHER

514350.

100 A.D.3d 1324 (2012)

954 N.Y.S.2d 287

2012 NY Slip Op 8210

MARCO PEREZ, 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.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assault on inmates, gang activity and actions detrimental to the order of the correctional facility. The charges stemmed from a security investigation into a rash of fights between Dominican and other Hispanic inmates. According to confidential information, petitioner was identified as the leader of a...

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