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MATTER OF SMITH v. FISCHER

511958.

87 A.D.3d 1198 (2011)

929 N.Y.S.2d 503

2011 NY Slip Op 6447

In the Matter of AARON SMITH, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 15, 2011.

During a search of petitioner's cell, a correction officer found, among other things, items belonging to other inmates as well as a graffiti-style drawing containing a symbol associated with an illegal gang. As a result, petitioner was charged in a misbehavior report with possessing gang-related material, engaging in an unauthorized exchange and possessing personal information of an employee. He was found guilty of the charges...

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