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MATTER OF COLON v. FISCHER

506847.

67 A.D.3d 1110 (2009)

886 N.Y.S.2d 921

2009 NY Slip Op 07914

In the Matter of EDWARD COLON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 5, 2009.

Following a tier III disciplinary hearing, petitioner was found guilty of fighting, violent conduct and disturbing the order of the facility resulting from a prison yard fight involving at least 12 inmates. That determination was administratively affirmed and petitioner commenced this CPLR article 78 proceeding seeking annulment. The Attorney General has advised this Court that the determination at issue has been administratively...

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