MATTER OF THOMAS v. FISCHER

511934.

89 A.D.3d 1302 (2011)

932 N.Y.S.2d 594

2011 NY Slip Op 8258

In the Matter of DANIEL THOMAS, 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.


While packing petitioner's personal belongings after he was escorted to the special housing unit, correction officers found his locker unsecured and his razor missing. As a result, petitioner was charged in a misbehavior report with property loss and, following a tier III disciplinary hearing, he was found guilty of that charge. That determination was administratively affirmed, after which petitioner commenced this CPLR article...

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