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MATTER OF McEACHIN v. FISCHER

TP 09-01715.

71 A.D.3d 1558 (2010)

897 N.Y.S.2d 577

In the Matter of GUY McEACHIN, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided March 26, 2010.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding seeking, inter alia, to annul the determination following a tier II hearing that he violated inmate rule 118.31 (7 NYCRR 270.2 [B] [19] [ix] [tampering with an electrical device]), by tampering with a plastic hot pot that was discovered in a melted condition in his cell. Petitioner had also been charged...

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