MATTER OF SMITH v. FISCHER

511503.

85 A.D.3d 1481 (2011)

926 N.Y.S.2d 209

2011 NY Slip Op 5399

In the Matter of BRYAN SMITH, 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.


During a search of petitioner's cell, a number of items were recovered including, among other things, 134 stamps, a pencil sharpener with a razor, marked playing cards, four guitar cords and two thermos bottles. As a result, petitioner was charged in a misbehavior report with possessing excessive stamps, possessing gambling paraphernalia, stealing state property, possessing unauthorized tools, possessing contraband and smuggling. Following a tier III disciplinary hearing...

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