MATTER OF MADRIGAL v. FISCHER

515487.

108 A.D.3d 991 (2013)

969 N.Y.S.2d 247

2013 NY Slip Op 5484

In the Matter of DIOMEDEZ MADRIGAL, 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, was charged with violating prison rules prohibiting possession of marihuana, smuggling, disobeying a direct order and refusing to comply with urinalysis testing procedures. After petitioner's request for an English/Spanish interpreter was denied, he continued to attempt to speak in Spanish during the tier III disciplinary hearing and was ultimately removed from the hearing due to his refusal to cooperate. The hearing was conducted in petitioner...

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