MATTER OF BYRD v. FISCHER

517336.

117 A.D.3d 1263 (2014)

984 N.Y.S.2d 896

2014 NY Slip Op 3571

In the Matter of JESSE BYRD, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 15, 2014.


Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, assaulting staff and interfering with an employee. According to the misbehavior report, petitioner was identified as one of approximately 25 inmates who were throwing closed-fist punches at correction officers during a mass disturbance in the main yard. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Other than modification of the penalty...

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