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MATTER OF HARRIS v. FISCHER

65 A.D.3d 768 (2009)

883 N.Y.S.2d 737

In the Matter of RASHEEM S. HARRIS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided August 13, 2009.

Petitioner, a prison inmate, was being processed into a special housing unit for an unrelated offense when a search of his property revealed a small plastic package hidden in a bottle of saline solution. After the contents of the package were tested and determined to be amphetamines, petitioner was charged in a misbehavior report with possessing narcotics and smuggling. Following a tier III disciplinary hearing, petitioner was found...

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