MATTER OF LESLIE v. FISCHER

515299.

107 A.D.3d 1264 (2013)

967 N.Y.S.2d 243

2013 NY Slip Op 4656

In the Matter of REGINALD D. LESLIE, 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 20, 2013.


A fight broke out among 26 inmates in the yard. During the melee, petitioner was observed throwing punches at an unidentified inmate and ignoring orders to cease such activity. As a result, he was charged in a misbehavior report with engaging in violent conduct, refusing a direct order, creating a disturbance and fighting. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article...

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