MATTER OF SHEPHERD v. FISCHER


63 A.D.3d 1473 (2009)

In the Matter of EON SHEPHERD, 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.


After prison officials received an anonymous note regarding petitioner's drug activity, a search of his cell and person was authorized. The search revealed several items considered to be contraband, including an extra razor, wooden utensils, a metal hot pot, and several packages containing a substance that later tested positive for methamphetamine. Following a tier III disciplinary hearing, petitioner was found guilty of possession of contraband, drug possession and smuggling...

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