MATTER OF SHEARER v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVS.


65 A.D.3d 1403 (2009)

885 N.Y.S.2d 136

In the Matter of LARRY SHEARER, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided September 17, 2009.


Petitioner, an inmate at Mid-State Correctional Facility in Oneida County, received a misbehavior report that charged him with possessing prohibited articles and refusing a direct order after a search of his cell revealed pornographic photographs which he was prohibited from having based upon his participation in a sex offender program. Following a tier I disciplinary hearing, petitioner was found guilty and was given a seven-day work detail and 13 days loss of recreation...

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