MATTER OF WASHINGTON v. FISCHER

509227.

78 A.D.3d 1399 (2010)

910 N.Y.S.2d 706

In the Matter of VISCOUNT WASHINGTON, 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.


As the result of an ongoing investigation, petitioner, a prison inmate, was served with a misbehavior report charging him with drug possession and smuggling. Following a tier III disciplinary hearing, he was found guilty of drug possession. That determination was affirmed on administrative appeal, and petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the investigating officer, confidential reports and testimony...

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