MATTER OF MORALES v. FISCHER

512035.

89 A.D.3d 1346 (2011)

934 N.Y.S.2d 526

2011 NY Slip Op 8528

In the Matter of GUSTAVO MORALES, 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 23, 2011.


After a search of petitioner's prison cell revealed a plastic tube attached to a bag of yellow liquid that was believed to be urine, he was removed to the special housing unit. A continuation of the search revealed a scalpel, several bags of a green leafy substance, a white powder and a paper clip with foil attached. He was thereafter charged in a misbehavior report with possession of a weapon, possession of contraband, smuggling and committing an unhygienic act. When the...

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