MATTER OF THURMOND v. FISCHER

514660

112 A.D.3d 1234 (2013)

976 N.Y.S.2d 750

2013 NY Slip Op 8555

In the Matter of KEVIN THURMOND, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided December 26, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with engaging in lewd conduct and refusing a direct order in violation of prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. Petitioner thereafter commenced this CPLR article 78 proceeding arguing that his right to call witnesses at the hearing was denied. Supreme Court dismissed the petition and petitioner now appeals.

We affirm. Contrary...

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