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STALLONE v. FISCHER

2008-03615, 2008-03617.

67 A.D.3d 125 (2009)

889 N.Y.S.2d 589

2009 NY Slip Op 06559

In the Matter of JEROME STALLONE, Appellant, v. BRIAN FISCHER, Respondent.

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

Decided September 15, 2009.

Attorney(s) appearing for the Case

Jerome Stallone, Pine City, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Peter Karanjia and David Lawrence III of counsel), for respondent.

MASTRO, J.P., COVELLO and ENG, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

These appeals, which arise from the denial of a petition brought pursuant to CPLR article 78, raise numerous issues regarding due process afforded inmates in disciplinary hearings. The petitioner, an inmate, was found after an initial tier III disciplinary hearing to have violated various institutional rules. He administratively appealed that determination to the New York State...

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