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MATTER OF PERTILLAR v. FISCHER

64 A.D.3d 1029 (2009)

881 N.Y.S.2d 917

In the Matter of JOHNNY PERTILLAR, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 16, 2009.

Petitioner, an inmate, was served with a misbehavior report based upon his possession of an investigative memorandum that had been prepared by facility staff pertaining to one of his past grievances. The memorandum had been supplied to petitioner by another inmate who worked in the facility's grievance office. The misbehavior report charged petitioner with extortion, stealing, possession of stolen documents and unauthorized possession...

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