MATTER OF RIVERA v. FISCHER

516757.

118 A.D.3d 1194 (2014)

987 N.Y.S.2d 267

2014 NY Slip Op 4536

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

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

Decided June 19, 2014.


Petitioner was charged in a misbehavior report with creating a disturbance, violent conduct and engaging in an unauthorized assembly. According to the report, petitioner was part of a group of 15 or more inmates that was about to engage in a fight in the exercise yard. The other inmates in the yard had stopped what they were doing and were watching the group when correction officers intervened before the fight began. Following a tier III disciplinary hearing, petitioner was...

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