MATTER OF STALLONE v. FISCHER


65 A.D.3d 1410 (2009)

885 N.Y.S.2d 230

In the Matter of JEROME STALLONE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 17, 2009.


Petitioner, a prison inmate, received two misbehavior reports, one charging him with drug possession and the other with drug use, and both arose from information provided by confidential informants. The first report followed a search of petitioner's cell during which marihuana was discovered and the second report arose from a positive drug test of petitioner's urine. Following separate tier III disciplinary hearings before the same Hearing Officer, petitioner was found guilty...

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