MATTER OF PAGE v. FISCHER


64 A.D.3d 1067 (2009)

883 N.Y.S.2d 626

In the Matter of KENNETH PAGE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 23, 2009.


Petitioner was observed fighting with other inmates in a prison recreation yard and charged in a misbehavior report with creating a disturbance, violent conduct, fighting and disobeying a direct order. He was found guilty of the former three charges following a tier III disciplinary hearing and a penalty was imposed. After exhausting his administrative remedies, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The misbehavior...

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