MATTER OF HAYES v. FISCHER


70 A.D.3d 1085 (2010)

In the Matter of SIDNEY HAYES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 4, 2010.


As part of an investigation by correction officers into alleged involvement by petitioner in gambling, extortion and gang-related activity, a search was conducted of petitioner's cube. The search resulted in the discovery of a six-inch sharpened metal rod taped to the underside of petitioner's locker. Petitioner was thereafter charged in a misbehavior report with possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty and the determination...

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