MATTER OF GLOVER v. FISCHER

516281

113 A.D.3d 976 (2014)

978 N.Y.S.2d 914

2014 NY Slip Op 396

In the Matter of DARRYL GLOVER, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided January 23, 2014.


Petitioner, a prison inmate, was charged in a misbehavior report with gang activity after an outgoing letter was found to contain gang-related codes and phrases. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and that determination was administratively affirmed. This CPLR article 78 proceeding ensued.

We confirm. Initially we note that, while the petition raised the contention that the determination is not supported by substantial...

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