MATTER OF CHURCH v. FISCHER

514097.

100 A.D.3d 1128 (2012)

952 N.Y.S.2d 921

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

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

November 8, 2012.


During a search of petitioner's cell, a correction officer found a number of items, namely, an extra state mattress and towels, a makeshift cooler constructed of styrofoam pieces, a synthesizer with obscured serial and inmate identification numbers, a fan clip, a roll of masking tape, three extension cords and a can lid. As a result, he was charged in a misbehavior report with possessing an altered item, possessing excessive state property, possessing property in a prohibited...

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