MATTER OF HINES v. FISCHER

514287.

101 A.D.3d 1204 (2012)

954 N.Y.S.2d 508

2012 NY Slip Op 8383

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

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

December 6, 2012.


In 2009, petitioner was found guilty, after a tier III determination, of violating prison disciplinary rule 105.13, prohibiting possession of gang-related material. In 2010, petitioner was determined to be ineligible for a merit time allowance due to the 2009 disciplinary infraction. Petitioner filed a grievance challenging the denial of a merit time allowance, which was denied on administrative appeal. Petitioner thereafter commenced this proceeding pursuant to CPLR article...

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