MATTER OF COGNATA v. FISCHER

509952.

85 A.D.3d 1456 (2011)

925 N.Y.S.2d 725

2011 NY Slip Op 5376

In the Matter of CHRIS COGNATA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 23, 2011.


As the result of an investigation, correction officials discovered that petitioner had solicited his wife during telephone conversations to bring drugs into the correctional facility on a scheduled visit. Consequently, he was charged in a misbehavior report with smuggling, conspiring to possess drugs and violating facility visiting procedures. Following a tier III disciplinary hearing, he was found guilty of the charges and the determination was

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