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MATTER OF GOMEZ v. FISCHER

70 A.D.3d 1076 (2010)

895 N.Y.S.2d 224

In the Matter of VINCENT GOMEZ, Petitioner, v. BRIAN C. FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 4, 2010.

During a search of petitioner's cell, a correction officer found legal documents belonging to 35 other inmates as well as other papers of a legal nature. As a result, petitioner was charged in a misbehavior report with engaging in an unauthorized exchange of personally owned property, providing legal assistance without authorization, possessing contraband and smuggling. Following a tier III disciplinary hearing, he was found guilty of possessing contraband and smuggling....

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