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MATTER OF TRISVAN v. FISCHER

506882.

71 A.D.3d 1253 (2010)

899 N.Y.S.2d 378

In the Matter of FREDERIC TRISVAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 11, 2010.

During a search of the cellblock where petitioner was confined, a facility plumber found three pieces of a toothbrush secreted in an air vent behind petitioner's cell. All of the pieces had been sharpened and two had metal melted onto the ends. As a result of this discovery, petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting inmates from possessing weapons or altered items. Following...

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