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MTR OF TEXEIRA v. FISCHER

No. 142

26 N.Y.3d 230 (2015)

43 N.E.3d 358

22 N.Y.S.3d 148

2015 NY Slip Op 07783

In the Matter of GEORGE TEXEIRA, Appellant, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Court of Appeals of New York.

Decided October 27, 2015.

Attorney(s) appearing for the Case

Karen L. Murtagh, Prisoners' Legal Services of New York, Plattsburgh ( Michael E. Cassidy of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany ( Martin A. Hotvet , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, ABDUS-SALAAM and FAHEY concur; Judge STEIN taking no part.

OPINION OF THE COURT

Petitioner George Texeira successfully challenged a prison disciplinary hearing determination on procedural grounds, based on the hearing officer's failure to obtain a witness as requested by petitioner. The sole issue on appeal is whether the proper remedy in this case is expungement of the disciplinary...

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