MATTER OF LIONKINGZULU v. FISCHER

515266.

107 A.D.3d 1194 (2013)

966 N.Y.S.2d 703

2013 NY Slip Op 4396

In the Matter of ARKIL LIONKINGZULU, 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 June 13, 2013.


Following a melee in the prison exercise yard, petitioner was charged in a prison misbehavior report with fighting, refusing a direct order and engaging in violent conduct. He was found guilty as charged following a tier III disciplinary hearing and, upon administrative appeal, that determination was affirmed. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report and unusual incident report provide substantial...

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