MATTER OF McCOLLUM v. FISCHER


61 A.D.3d 1194 (2009)

876 N.Y.S.2d 766

In the Matter of VINCENT McCOLLUM, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 16, 2009.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits the possession of contraband after a search of his belongings disclosed, among other things, a lighter. 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 CPLR article 78 proceeding seeking to annul the determination of guilt.

Petitioner...

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