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MATTER OF POSSERT v. FISCHER

514967.

106 A.D.3d 1350 (2013)

965 N.Y.S.2d 258

2013 NY Slip Op 3726

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

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

Decided May 23, 2013.

Peters, P.J.

Petitioner was charged in a misbehavior report with fighting, violent conduct and false statements after he sustained a six-to-eight-inch, bone-deep laceration while in the prison yard. Following a tier III disciplinary hearing, he was found guilty of all charges. That determination was upheld upon administrative review, prompting petitioner to commence this CPLR article 78 proceeding, which was transferred to this Court.*

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