MATTER OF FERNANDEZ v. FISCHER

516146.

110 A.D.3d 1422 (2013)

973 N.Y.S.2d 886

2013 NY Slip Op 7111

In the Matter of GEOVANNY FERNANDEZ, Petitioner, v. BRIAN S. FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided October 31, 2013.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting violent conduct, creating a disturbance, assault, fighting and weapons possession as a result of a fight between himself and another inmate. Following a tier III disciplinary hearing, he was found guilty as charged. Petitioner commenced this CPLR article 78 proceeding after the determination was affirmed upon administrative appeal.

We confirm. Contrary to petitioner...

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