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MATTER OF MULLER v. FISCHER

516399

120 A.D.3d 1452 (2014)

993 N.Y.S.2d 388

2014 NY Slip Op 06024

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

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

Decided September 4, 2014.

Garry, J.

During the course of an investigation, correction officials obtained confidential information that petitioner used threats and intimidation to pressure other inmates to refrain from participating in the process to elect members of the inmate liaison committee (hereinafter ILC). As a result, he was charged in a misbehavior report with engaging in conduct involving the threat of violence (rule 104.11) and organizing inmates to

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