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IN THE MATTER OF TORRES v. FISCHER

504104

2008 NY Slip Op 06489

IN THE MATTER OF JULIO TORRES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Julio Torres, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Spain, J.P., Carpinello, Rose, Malone Jr. and Stein, JJ.

MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, was found guilty following a tier III disciplinary hearing of extortion, making threats, making a violent threat, smuggling, unauthorized organization and possession of drugs. Upon administrative appeal, that determination was affirmed with a modified penalty of 12 months in the special housing unit, 24 months recommended loss of good time and 36 months loss of privileges. This CPLR article 78 proceeding seeking...

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