MATTER OF LYNCH v. FISCHER


65 A.D.3d 767 (2009)

883 N.Y.S.2d 743

In the Matter of PATRICK LYNCH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 13, 2009.


Petitioner, a prison inmate, was charged in a misbehavior report with extortion and threatening another inmate. He was found guilty of both charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, testimony adduced at the hearing and confidential information, including a letter written by petitioner that acknowledges a physical threat to...

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