MATTER OF CLARK v. FISCHER

516936

114 A.D.3d 1116 (2014)

981 N.Y.S.2d 187

2014 NY Slip Op 1365

In the Matter of JAHMEL CLARK, 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 February 27, 2014.


Following an investigation, petitioner was charged in an August 5, 2012 misbehavior report with extortion. A second misbehavior report dated August 6, 2012 charged petitioner with possession of contraband, an unhygienic act and a violation of urinalysis testing procedures after a search of his cell uncovered the finger of a latex glove containing a substance that appeared to be urine. Following separate tier III disciplinary hearings, petitioner was found guilty of all charges...

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