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MATTER OF TAYLOR v. FISCHER

511506.

89 A.D.3d 1298 (2011)

932 N.Y.S.2d 591

2011 NY Slip Op 8254

In the Matter of WILLIAM TAYLOR, 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 17, 2011.

After a correction officer observed petitioner acting in a suspicious manner, petitioner was pat frisked and a seven-inch ice pick style weapon was found in the waistband of his pants. As a result, petitioner was charged in a misbehavior report with possession of a weapon, and he was found guilty following a tier III disciplinary hearing. That determination was affirmed on administrative appeal, after which petitioner commenced...

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