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MATTER OF MOORE v. FISCHER

514087.

100 A.D.3d 1311 (2012)

954 N.Y.S.2d 283

2012 NY Slip Op 8201

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

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

November 29, 2012.

Malone Jr., J.

On August 3, 2011, shortly after his transfer from Livingston Correction Facility in Livingston County, petitioner was served with a misbehavior report issued at the new facility, Collins Correctional Facility in Erie County, alleging that he violated prison disciplinary rules by smuggling and possessing drugs. Specifically, a Collins correction officer searching the "left front pocket of a pair of sweatpants...

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