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MATTER OF WILLIAMS v. FISCHER

519230

128 A.D.3d 1147 (2015)

7 N.Y.S.3d 731

2015 NY Slip Op 03901

In the Matter of CHARLES C. WILLIAMS, Appellant, 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 was charged in a misbehavior report with refusing a direct order and participating in a demonstration. Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, and his subsequent administrative appeal was unsuccessful. Petitioner then commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition and this appeal ensued.

We agree with petitioner that...

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