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MATTER OF WARREN v. FISCHER

63 A.D.3d 1466 (2009)

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

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

Decided June 25, 2009.

During the time that petitioner was confined to an observation cell, the cell was searched and a correction officer recovered a yellow piece of plastic sharpened to a point on one end, believed to have been made from a toothbrush handle, and a piece of plastic wrap that smelled of feces. As a result, petitioner was charged in a misbehavior report with smuggling and possessing a weapon. Following a tier III disciplinary hearing...

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