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MATTER OF ALICEA v. FISCHER

509189.

89 A.D.3d 1245 (2011)

932 N.Y.S.2d 384

2011 NY Slip Op 7884

In the Matter of RALPH ALICEA, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided November 10, 2011.

Pursuant to a search of petitioner's prison cell, several items were found that were determined to be contraband, and he was served with a misbehavior report charging him with various prison disciplinary infractions. During the course of the tier III disciplinary hearing that followed, the Hearing Officer dismissed all of the charges against petitioner except possession of gang-related material. Petitioner was found guilty of that...

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