MATTER OF HAYES v. FISCHER

509182.

78 A.D.3d 1396 (2010)

911 N.Y.S.2d 251

In the Matter of EDDIE HAYES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 18, 2010.


After several pieces of a broken feed-up tray were found outside the exercise pen connected to petitioner's prison cell, a search of the proximate cells was ordered. Immediately thereafter, two weapons made of melted and sharpened plastic were found outside petitioner's prison cell, and the subsequent search of his cell revealed a broken piece of a plastic feed-up tray and burn marks on the underside of his desk. An examination of a videotape taken at the time of the incident...

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