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MATTER OF SOWELL v. FISCHER

515689.

108 A.D.3d 962 (2013)

968 N.Y.S.2d 812

2013 NY Slip Op 5358

In the Matter of VICTOR SOWELL, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided July 18, 2013.

Petitioner commenced a CPLR article 78 proceeding challenging two tier III prison disciplinary determinations, one of which was rendered as the result of an April 26, 2011 hearing in which petitioner claimed that he received inadequate assistance because his assistant failed to, among other things, interview requested witnesses. Petitioner sought annulment of this determination and expungement of the same from his institutional...

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