MATTER OF BUTLER v. FISCHER

508006.

74 A.D.3d 1651 (2010)

904 N.Y.S.2d 793

In the Matter of MICHAEL BUTLER, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 24, 2010.


As the result of an investigation, confidential information was received indicating that petitioner had made some homemade alcohol and requested another inmate to hide it in his locker. After a correction officer recovered the alcohol from the locker and destroyed it, petitioner was charged with violating a prison disciplinary rule prohibiting inmates from making alcoholic beverages. Following a tier III disciplinary hearing, petitioner...

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