MATTER OF HINTON v. FISCHER

513903.

102 A.D.3d 1018 (2013)

957 N.Y.S.2d 773

2013 NY Slip Op 238

In the Matter of LEONARD HINTON, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 17, 2013.


Petitioner was charged in two misbehavior reports with smuggling and two counts of possessing unauthorized medication. A tier III disciplinary hearing was thereafter conducted on the charges contained in both reports. The hearing was held in petitioner's absence due to his refusal to comply with restraint procedures for exiting his cell. At the conclusion of the hearing, the Hearing Officer found petitioner guilty of all charges and the determination was affirmed on administrative...

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