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MATTER OF HENRY v. FISCHER

120 A.D.3d 868 (2014)

990 N.Y.S.2d 421

2014 NY Slip Op 05684

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

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

Decided August 7, 2014.

Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to challenge a tier III prison disciplinary determination finding him guilty of violating various prison disciplinary rules, including assault, violent conduct and gang activity. Supreme Court dismissed the petition and petitioner appeals.

We affirm. Petitioner contends that the Hearing Officer did not make an adequate inquiry into the refusal of a...

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