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Lionkingzulu v. Fischer

Supreme Court, Appellate Division, Third Department, New York.
Jun 13, 2013
107 A.D.3d 1194 (N.Y. App. Div. 2013)

Opinion

2013-06-13

In the Matter of Arkil LIONKINGZULU, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

Arkil Lionkingzulu, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.


Arkil Lionkingzulu, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

*704Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Following a melee in the prison exercise yard, petitioner was charged in a prison misbehavior report with fighting, refusing a direct order and engaging in violent conduct. He was found guilty as charged following a tier III disciplinary hearing and, upon administrative appeal, that determination was affirmed. Petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report and unusual incident report provide substantial evidence to support the determination of guilt ( see Matter of Encarnacion v. Bellnier, 89 A.D.3d 1301, 1302, 934 N.Y.S.2d 511 [2011];Matter of James v. Fischer, 67 A.D.3d 1163, 1163, 887 N.Y.S.2d 878 [2009] ). Contrary to petitioner's contention, nothing in a video recording of the altercation contradicted the claim that he was a combatant in it ( see Matter of McLaughlin v. Fischer, 69 A.D.3d 1071, 1072, 893 N.Y.S.2d 364 [2010] ). His remaining claim has been considered and found to be without merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

PETERS, P.J., ROSE, McCARTHY and EGAN JR., JJ., concur.


Summaries of

Lionkingzulu v. Fischer

Supreme Court, Appellate Division, Third Department, New York.
Jun 13, 2013
107 A.D.3d 1194 (N.Y. App. Div. 2013)
Case details for

Lionkingzulu v. Fischer

Case Details

Full title:In the Matter of Arkil LIONKINGZULU, Petitioner, v. Brian FISCHER, as…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jun 13, 2013

Citations

107 A.D.3d 1194 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4396
966 N.Y.S.2d 703

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