MATTER OF SMITH v. FISCHER

514250.

108 A.D.3d 987 (2013)

969 N.Y.S.2d 245

2013 NY Slip Op 5480

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

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

Decided July 25, 2013.


Petitioner, a prison inmate, commenced this CPLR article 78 proceeding seeking to challenge a tier III disciplinary determination rendered after a hearing finding him guilty of soliciting a sexual act, harassment and violation of correspondence procedures. According to the misbehavior report, petitioner admitted authoring a letter that was mailed to a civilian teacher that invited her — in graphic terms — to engage...

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