TOLLIVER v. FISCHER

514866.

105 A.D.3d 1239 (2013)

962 N.Y.S.2d 828

2013 NY Slip Op 2633

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

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

Decided April 18, 2013.


Petitioner was allegedly observed having sex with a visitor and, accordingly, was charged in a misbehavior report with violating the prison disciplinary rules prohibiting sexual acts and the creation of a disturbance. He was found guilty as charged following a tier III disciplinary hearing, and that determination was affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.

Meaningful review by this Court is precluded because...

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