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IN THE MATTER OF JORDAN v. FISCHER

504178

2008 NY Slip Op 06494

IN THE MATTER OF RONNIE JORDAN, 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

Ronnie Jordan, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, was charged in a misbehavior report with conspiring to introduce drugs into the facility and soliciting others to smuggle. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Upon administrative appeal, that determination was affirmed with a modified penalty. This CPLR article 78 proceeding seeking annulment ensued.

We confirm. Contrary to petitioner's assertion, the determination...

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