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MATTER OF JONES v. FISCHER

514647.

102 A.D.3d 1025 (2013)

957 N.Y.S.2d 774

2013 NY Slip Op 247

In the Matter of GREGORY JONES, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 17, 2013.

Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order, smuggling, an unhygienic act, and failing to comply with staff instructions regarding a urinalysis. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. Upon administrative appeal, respondent affirmed, prompting this CPLR article 78 proceeding.

Respondent concedes that the determination of failing to comply with staff instructions regarding...

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