MATTER OF COWAN v. FISCHER


64 A.D.3d 839 (2009)

In the Matter of ANTONIO COWAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided July 2, 2009.


Peters, J.P.

Petitioner was charged in a misbehavior report with possessing an altered item, possessing property in an unauthorized area, possessing contraband, smuggling, property damage or loss and tampering with property, after a search of another inmate's cell disclosed a manila envelope containing a tape recorder, an altered microphone and electrical cord and one cassette tape. Petitioner admitted passing an envelope to the inmate in question but denied that...

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