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MATTER OF HARDY v. STATE OF NEW YORK, DEPARTMENT OF CORRECTIONAL SERVICES

262 A.D.2d 688 (1999)

691 N.Y.S.2d 588

In the Matter of J. W. HARDY, Petitioner, v. STATE OF NEW YORK, DEPARTMENT OF CORRECTIONAL SERVICES, et al., Respondents.

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

Decided June 3, 1999.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules which prohibit smuggling and exchanging a controlled substance. According to the misbehavior report, petitioner was observed pulling what appeared to be hand-rolled cigarettes and sugar packets from his pants and then passing these items to two different inmates. The confiscated items tested positive...

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