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MATTER OF MARTIN v. FISCHER

514353.

109 A.D.3d 1026 (2013)

971 N.Y.S.2d 357

2013 NY Slip Op 5935

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

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

Decided September 19, 2013.

Believing that fellow inmates had appropriated a marihuana-filled balloon that belonged to him, petitioner allegedly strip searched, threatened and assaulted those inmates and, as a result of those threats, prompted them to arrange a $100 payment outside the facility in exchange for the drugs. As a result, petitioner was charged in a misbehavior report with various disciplinary infractions. A tier III disciplinary hearing was...

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