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MATTER OF TAFARI v. FISCHER

62 A.D.3d 1215 (2009)

In the Matter of INJAH TAFARI, Respondent-Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Appellant-Respondent.

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

Decided May 28, 2009.

Lahtinen, J.

Petitioner commenced this CPLR article 78 proceeding challenging two guilty determinations of harassment based on misbehavior reports dated February 7, 2007 and April 6, 2007. Supreme Court affirmed the guilty determination from the April 2007 misbehavior report, but, pursuant to 7 NYCRR 701.6 (b), found, among other things, that petitioner's use of vulgar and abusive language within the grievance process did not support the February 2007 misbehavior...

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