MATTER OF HYNES v. FISCHER

514079.

101 A.D.3d 1293 (2012)

955 N.Y.S.2d 462

2012 NY Slip Op 8594

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

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

December 13, 2012.


Petitioner was found to be in possession of what were purportedly the legal papers of four other inmates during a cell frisk, and was charged in a misbehavior report with possessing contraband and providing unauthorized legal assistance. He was found guilty as charged following a tier III disciplinary hearing, and the determination was upheld upon administrative appeal. This CPLR article 78 proceeding ensued.

Respondent initially concedes, and we agree, that the determination...

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