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MATTER OF CANTY v. FISCHER

515267.

107 A.D.3d 1194 (2013)

966 N.Y.S.2d 704

2013 NY Slip Op 4397

In the Matter of MOSHE CINQUE CANTY, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided June 13, 2013.

Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, harassment and participating in a demonstration as charged in a misbehavior report. On administrative appeal, the determination was modified by, among other things, dismissing all but the charge of harassment. Petitioner then commenced this CPLR article 78 proceeding challenging the determination.

We agree with petitioner...

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