MATTER OF GERMAN v. FISCHER

511945.

94 A.D.3d 1295 (2012)

942 N.Y.S.2d 671

2012 NY Slip Op 2910

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

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

Decided April 19, 2012.


Petitioner commenced this proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of gang-related material. A correction sergeant wrote in the misbehavior report that a correction officer confiscated photos, a Bible and other various papers upon searching petitioner's property when he was being transferred from a different facility. According to the report, these documents contained gang references and...

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