MATTER OF PALERMO v. FISCHER

515904

110 A.D.3d 1293 (2013)

973 N.Y.S.2d 477

2013 NY Slip Op 6911

In the Matter of BRYAN PALERMO, 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.


After receiving information that a series of gang-related assaults were imminent, prison officials conducted an investigation and discovered that one of the intended victims was petitioner, a prison inmate, who was alleged to be a gang leader. The planned assaults were determined to be in retaliation for an earlier attempted assault allegedly perpetrated by a member of petitioner's gang at his direction. As a result, petitioner was charged in a misbehavior report with gang...

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