MATTER OF WHEELER-WHICHARD v. FISCHER

507551

69 A.D.3d 1286 (2010)

896 N.Y.S.2d 483

2010 NY Slip Op 627

In the Matter of JONATHAN WHEELER-WHICHARD, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 28, 2010.


After a frisk of his prison cell, petitioner was charged in a misbehavior report with, as relevant here, possession of gangrelated materials, excess/altered items, prohibited items and unauthorized literature. Following a tier III disciplinary hearing during which petitioner pleaded guilty to the possession of excess clothing, he was found guilty of the remaining charges. His administrative appeal was unsuccessful, whereupon petitioner commenced the instant CPLR article 78...

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