MATTER OF RIVERA v. FISCHER

514862

110 A.D.3d 1277 (2013)

973 N.Y.S.2d 473

2013 NY Slip Op 6903

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

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

Decided October 24, 2013.


Petitioner, a prison inmate, commenced this proceeding challenging a prison disciplinary determination rendered upon two misbehavior reports.* The first report charged him with drug possession, smuggling and violating facility visitation procedures and the second report charged him with drug possession, smuggling, misuse of state property and committing an unhygienic act. Following a tier III disciplinary...

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