MATTER OF WIGFALL v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

524144.

153 A.D.3d 1464 (2017)

2017 NY Slip Op 06494

60 N.Y.S.3d 720

In the Matter of JOSEPH WIGFALL, Appellant, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided September 14, 2017.


In July 2012, petitioner, then incarcerated at Elmira Correctional Facility in Chemung County, was charged in a misbehavior report with assault, fighting, violent conduct and creating a disturbance. Although petitioner initially was found guilty as charged, the determination was administratively reversed on October 12, 2012, and a rehearing was directed to be commenced within seven days and completed within 14 days. At the time of the tier III disciplinary rehearing, petitioner...

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