MATTER OF HARVEY v. FISCHER

512705.

94 A.D.3d 1303 (2012)

942 N.Y.S.2d 680

2012 NY Slip Op 2919

In the Matter of JAMES HARVEY III, 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.


During a search of petitioner's cell, a correction officer found a pen with a needle attached to the ink cartridge. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and possessing contraband. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Inasmuch as...

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