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IN MATTER OF LAMAGE v. FISCHER

58 A.D.3d 1045 (2009)

870 N.Y.S.2d 809

In the Matter of EDWIN LAMAGE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

January 22, 2009.

Petitioner participated in a physical altercation with another inmate and refused to stop when ordered to do so by a correction officer. As a result, petitioner was charged in a misbehavior report with fighting and disobeying a direct order. Following a tier II disciplinary hearing, petitioner was found guilty of both charges. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The misbehavior...

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