MATTER OF LOPEZ v. FISCHER

511614.

91 A.D.3d 1223 (2012)

937 N.Y.S.2d 461

2012 NY Slip Op 436

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

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

Decided January 26, 2012.


After a search of petitioner's prison cell revealed two pieces of sharp metal taped to a plastic toothbrush handle, he was charged in a misbehavior report with possession of a weapon. Subsequently, a strip frisk of petitioner revealed two white tablets secreted in his sock that were identified as medication for which he did not have a prescription and, thus, he was charged in a second misbehavior report with unauthorized medication and smuggling. At the tier III disciplinary...

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