MATTER OF BARNETT v. FISCHER

509190.

78 A.D.3d 1351 (2010)

910 N.Y.S.2d 389

In the Matter of GARY BARNETT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 10, 2010.


Petitioner, a prison inmate, was served with a misbehavior report charging him with drug possession and smuggling after a fellow inmate informed a correction officer that petitioner had given him heroin to transport to the main yard. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was upheld on administrative appeal, after which petitioner commenced this CPLR article 78 proceeding.

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