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MATTER OF RAMBERT v. FISCHER

514651

128 A.D.3d 1111 (2015)

7 N.Y.S.3d 730

2015 NY Slip Op 03883

In the Matter of SHADRON RAMBERT, 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 7, 2015.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting staff, engaging in violent conduct and refusing a pat frisk after he allegedly elbowed a correction officer in the face while being frisked. Following a tier III disciplinary hearing, petitioner was found guilty and, although the penalty was modified on administrative appeal, the determination was otherwise affirmed. Petitioner thereafter commenced...

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