MATTER OF KEARNEY v. FISCHER


51 A.D.3d 1185 (2008)

856 N.Y.S.2d 740

In the Matter of THOMAS A. KEARNEY, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 8, 2008.


During a routine cell bar check, an altered keyboard was confiscated from petitioner and secured in the facility's contraband room. Based upon confidential information that was thereafter obtained, the keyboard was X-rayed and then taken apart, revealing two homemade plexiglas weapons which had been hidden inside. As a result, petitioner was charged in a misbehavior report with possession of weapons and smuggling. At the conclusion of the ensuing tier III disciplinary hearing...

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