MATTER OF WRIGHT v. FISCHER

511201.

87 A.D.3d 1211 (2011)

929 N.Y.S.2d 781

2011 NY Slip Op 6513

In the Matter of ADAM WRIGHT, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 22, 2011.


Petitioner was charged in a misbehavior report with smuggling and possessing a tool without authorization after the vocational drafting instructor found a computer disk in a notebook underneath petitioner's assigned computer keyboard in the vocational drafting classroom. Following a tier III disciplinary hearing, petitioner was found not guilty of smuggling, but guilty of unauthorized possession of a tool. The determination was affirmed on administrative appeal and the penalty...

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