MATTER OF BATTS v. FISCHER


60 A.D.3d 1129 (2009)

874 N.Y.S.2d 334

In the Matter of JAVARES BATTS, 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 March 5, 2009.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit smuggling and possession of a controlled substance after a search of his cell disclosed a green leafy substance that later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Petitioner's administrative appeal was unsuccessful, prompting him to commence this proceeding pursuant to CPLR article...

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