MATTER OF JOSEPH v. LACLAIR

516270

112 A.D.3d 1023 (2013)

975 N.Y.S.2d 925

2013 NY Slip Op 8170

In the Matter of NIGEL JOSEPH, Appellant, v. DARWIN LACLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided December 5, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with fighting, violent conduct and creating a disturbance. Following a tier II disciplinary hearing, he was found guilty as charged. Respondent affirmed the determination upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding. Supreme Court dismissed petitioner's application, and this appeal ensued.

We reverse. Petitioner...

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