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MATTER OF PULECIO v. FISCHER

516052.

109 A.D.3d 1068 (2013)

971 N.Y.S.2d 380

2013 NY Slip Op 6054

In the MATTER OF VICTOR A. PULECIO, Petitioner; v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided September 26, 2013.

Petitioner was issued an electric truck and key to perform his duties as a parts mover in a work training program at Attica Correctional Facility. Approximately four hours later, he reported that the key was missing. When it was not recovered, petitioner was charged in a misbehavior report with losing state property and refusing a direct order. He was found guilty of the charges following a tier III disciplinary hearing and the...

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