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MATTER OF MILLER v. BRERETON

513287.

98 A.D.3d 824 (2012)

950 N.Y.S.2d 217

2012 NY Slip Op 6094

In the Matter of PHILLIP MILLER, Appellant, v. CAPTAIN BRERETON, as Hearing Officer, et al., Respondents.

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

Decided August 30, 2012.

Lahtinen, J.

Petitioner was charged in a misbehavior report with possession of contraband and altering state property after a search of his cell uncovered a cell phone and cell phone charger concealed in a compartment carved out of the window sill. Following a tier III disciplinary hearing, at which petitioner pleaded guilty to possession of contraband and guilty with an explanation to altering state property, he was found...

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