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MATTER OF MEYERS v. FISCHER

511488.

85 A.D.3d 1480 (2011)

926 N.Y.S.2d 214

2011 NY Slip Op 5398

In the Matter of ANTWAUN MEYERS, 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.

Petitioner was observed by a correction officer drinking out of a 32-ounce orange juice container and sharing it with another inmate. When the empty container was retrieved from the garbage, a sergeant determined that it had been filled with an intoxicating beverage. As a result, petitioner was charged in a misbehavior report with possessing alcohol and possessing contraband. He was found guilty of the charges at the conclusion...

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