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MATTER OF SMYTHE v. FISCHER

513943.

102 A.D.3d 1039 (2013)

957 N.Y.S.2d 918

2013 NY Slip Op 369

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

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

Decided January 24, 2013.

During the course of an investigation, a correction sergeant received confidential information that petitioner was planning to escape from the correctional facility while on an outside trip and was going to have the escorting correction officers assaulted. Consequently, petitioner was charged in a misbehavior report with attempting to escape and engaging in violent conduct. Following a tier III disciplinary hearing, he was found...

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