MATTER OF BLACKWELL v. FISCHER

514608.

106 A.D.3d 1346 (2013)

965 N.Y.S.2d 256

2013 NY Slip Op 3720

In the Matter of JAMES BLACKWELL, 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.

Decided May 23, 2013.


Petitioner was charged in three misbehavior reports with violating various prison disciplinary rules stemming from three separate incidents. Petitioner was found guilty of all charges following two tier II and one tier III disciplinary hearings. The determinations were affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

Petitioner's claim that the misbehavior reports were filed in retaliation for various grievances...

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