MATTER OF SPENCER v. FISCHER

512089.

89 A.D.3d 1354 (2011)

934 N.Y.S.2d 530

2011 NY Slip Op 8532

In the Matter of JOHN SPENCER, 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.


A correction officer observed petitioner throw a white envelope to another inmate and, before the officer could recover it, the inmate threw it back to petitioner. When the officer finally took possession of the envelope, he discovered a cigarette inside that later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination...

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