MATTER OF QUINONES v. FISCHER

506873.

67 A.D.3d 1285 (2009)

888 N.Y.S.2d 806

2009 NY Slip Op 08735

In the Matter of WILLIAM QUINONES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 25, 2009.


Three days before being released on parole, petitioner was charged in a misbehavior report with possession of marihuana after a green leafy substance was found hidden in his locker during a cube frisk. Following a tier III disciplinary hearing, petitioner was found guilty. On administrative appeal, respondent affirmed the determination but reduced the penalty. Petitioner, thereafter, commenced this CPLR article 78 proceeding.

The misbehavior report, together with...

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