MATTER OF FAUBLAS v. ROCK

511072.

85 A.D.3d 1519 (2011)

925 N.Y.S.2d 923

2011 NY Slip Op 5607

In the Matter of CLIFFORD FAUBLAS, Petitioner, v. DAVID A. ROCK, as Superintendent of Upstate Correctional Facility, et al., Respondents.

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

Decided June 30, 2011.


Based upon an investigation, petitioner's girlfriend was apprehended in the prison visiting room, where she surrendered tobacco and marihuana to prison officials and later admitted that she had conspired with petitioner to smuggle the contraband into the facility. As a result, petitioner was found guilty following a tier III disciplinary hearing of smuggling, solicitation and drug possession, and that determination was affirmed on administrative appeal. This CPLR article...

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