MATTER OF McCAIN v. FISCHER

514719.

104 A.D.3d 1009 (2013)

960 N.Y.S.2d 563

2013 NY Slip Op 1591

In the Matter of ADRIAN McCAIN, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

March 14, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with assault and engaging in violent conduct after confidential information indicated that he attacked another inmate from behind with a cutting-type weapon, causing a three-inch laceration to his throat. In a second misbehavior report, petitioner was charged with being out of place and refusing a direct order for his actions shortly after the attack. At a tier III disciplinary hearing to address all charges...

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