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MATTER OF NIMMONS v. FISCHER

510744.

85 A.D.3d 1460 (2011)

926 N.Y.S.2d 194

2011 NY Slip Op 5381

In the Matter of CURTIS NIMMONS, 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.

Following a search of petitioner's cube, he was charged in a misbehavior report with possession of contraband, stolen property and altered property, misuse of state property and unauthorized exchange, organizational activity and assembly. Petitioner was found guilty of all charges following a tier III disciplinary hearing. That determination was upheld on administrative appeal with a reduction in the penalty assessed, and petitioner...

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