MATTER OF GARCIA v. SMITH

509418.

78 A.D.3d 1362 (2010)

910 N.Y.S.2d 388

In the Matter of EDWIN GARCIA, Petitioner, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided November 10, 2010.


After petitioner, a prison inmate, surrendered a package of crackers containing poppy seeds, he was served with a misbehavior report charging him with possession of contraband. Petitioner was found guilty following a tier II disciplinary hearing, and that determination was upheld on administrative appeal with a reduction in the penalty assessed. He thereafter commenced this CPLR article 78 proceeding.

We confirm. Petitioner...

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