MATTER OF BROWN v. FISCHER

507909.

73 A.D.3d 1362 (2010)

904 N.Y.S.2d 511

In the Matter of EDWARD BROWN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 20, 2010.


Following the discovery of a substantial amount of marihuana in a package mailed to the correctional facility, a misbehavior report was issued charging petitioner with soliciting the smuggling of, and conspiring to possess, the marihuana, as well as violating package room and correspondence procedures. At a tier III disciplinary hearing, petitioner pleaded guilty to the smuggling and correspondence violation charges and was found

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