MATTER OF THACKER v. FISCHER

507035

68 A.D.3d 1310 (2009)

2009 NY Slip Op 9122

890 N.Y.S.2d 711

In the Matter of ROBERT THACKER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 10, 2009.


Following the monitoring of petitioner's telephone calls, he was charged in a misbehavior report with conspiring to introduce drugs into the prison and smuggling. A tier III disciplinary hearing resulted in a determination of his guilt, which was upheld upon administrative appeal. Petitioner, thereafter, commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, hearing testimony, tape recording and transcript of petitioner's telephone call, as...

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