MATTER OF CODY v. FISCHER

510328.

84 A.D.3d 1651 (2011)

923 N.Y.S.2d 910

In the Matter of ROLAND CODY, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 26, 2011.


LAHTINEN, J.

Following a search of his cell, which was prompted by a report that petitioner had threatened another inmate, petitioner was charged in a misbehavior report with possessing a weapon and outdated medication. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges. The determination was upheld upon administrative review, and petitioner thereafter commenced this proceeding challenging that determination.

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