MATTER OF McFARLANE v. FISCHER


65 A.D.3d 769 (2009)

883 N.Y.S.2d 740

In the Matter of WAYNE McFARLANE, 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.


As a result of an ongoing investigation, petitioner, then an inmate at Sing Sing Correctional Facility in Westchester County, was charged in a misbehavior report with conspiring to introduce controlled substances, soliciting others to smuggle contraband, telephone directive violations and violations of visiting procedures. Specifically, after monitoring the inmate phone system, it was determined that petitioner solicited and conspired with his wife and son to have them smuggle...

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