MATTER OF MULLER v. FISCHER


62 A.D.3d 1191 (2009)

In the Matter of RA'SHAUN MULLER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 21, 2009.


After a search of his cube disclosed a bent can lid underneath his locker, petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit possessing a weapon and possessing an altered item. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and a penalty was imposed. Petitioner's administrative appeal proved unsuccessful, prompting him to commence this CPLR article 78 proceeding to challenge the...

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