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MATTER OF LEWIS v. FISCHER

516499

112 A.D.3d 1194 (2013)

976 N.Y.S.2d 629

2013 NY Slip Op 8493

In the Matter of MARC LEWIS, 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 19, 2013.

Petitioner was served with two misbehavior reports, one for an incident that occurred on July 10, 2012 and the other for an incident that occurred on August 10, 2012. In the first misbehavior report, petitioner was charged with making threats, creating a disturbance, refusing a direct order and harassment. At the tier III disciplinary hearing held to address the first misbehavior report, petitioner pleaded not guilty to making...

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