MATTER OF TAYLOR v. FISCHER

508427.

74 A.D.3d 1677 (2010)

906 N.Y.S.2d 112

In the Matter of ERNEST TAYLOR, 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 ongoing investigation, petitioner was charged in a misbehavior report with, as relevant here, drug possession and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was upheld on administrative appeal, with a downward modification of the penalty assessed. Petitioner then commenced this CPLR article 78 proceeding and we confirm.

The misbehavior report, along with hearing testimony...

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