MATTER OF BROADNAX v. FISCHER

507966.

73 A.D.3d 1369 (2010)

900 N.Y.S.2d 693

In the Matter of ANTHONY BROADNAX, 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.


Petitioner was charged in a misbehavior report with violating various prison disciplinary rules, arising in relevant part from his mother's unsuccessful attempt to smuggle several razor blades into the facility for him. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon and smuggling. The determination was affirmed upon administrative review, and petitioner accordingly commenced this CPLR article 78 proceeding.

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