MATTER OF EUGENIO v. FISCHER

516090

112 A.D.3d 1017 (2013)

976 N.Y.S.2d 316

2013 NY Slip Op 8166

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

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

Decided December 5, 2013.


After allegedly fomenting a boycott of the nominating and voting process for the inmate liaison committee, petitioner was charged in a misbehavior report with violating rules 100.15 (disorderly conduct), 102.10 (making threats), 104.11 (conduct involving the threat of violence), and 104.12 (leading, organizing, participating or urging others in a work stoppage) (7 NYCRR 270.2 [B] [1] [vi]; [3] [i]; [5] [ii], [iii]). He was found guilty of all of the charges except disorderly...

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