MATTER OF MERCER v. JAMES

513874.

98 A.D.3d 1174 (2012)

951 N.Y.S.2d 248

2012 NY Slip Op 6237

In the Matter of JAMES R. MERCER JR., Petitioner, v. RANDY K. JAMES, as Superintendent of Livingston Correctional Facility, Respondent.

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

September 20, 2012.


While performing a cell search of petitioner's cube, a correction officer found, among other things, a hockey ball similar to the type used in the facility for sports activities. As a result, petitioner was charged in a misbehavior report with possession of contraband and stealing state property. Following a tier II disciplinary hearing, petitioner was found guilty of both charges. The determination was affirmed on administrative...

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