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MATTER OF MARSHALL v. FISCHER

2012-01538.

103 A.D.3d 726 (2013)

958 N.Y.S.2d 800

2013 NY Slip Op 920

In the Matter of HAROLD MARSHALL, Petitioner, v. BRIAN FISCHER, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

February 13, 2013.

Proceeding pursuant to CPLR article 78 to review a determination of Albert Prack, Director, Special Housing/Inmate Disciplinary Program, on behalf of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated May 17, 2011, which affirmed a determination of a hearing officer dated March 10, 2011, made after a tier III disciplinary hearing, that the petitioner was guilty of violating prison disciplinary...

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