MATTER OF HERNANDEZ v. FISCHER

514223.

101 A.D.3d 1306 (2012)

955 N.Y.S.2d 456

2012 NY Slip Op 8601

In the Matter of JARED HERNANDEZ, 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.


After a search disclosed various items of contraband in petitioner's cell, he was charged in a misbehavior report with possessing weapons and a tattoo machine. At the tier III disciplinary hearing that followed, petitioner pleaded guilty to possessing tattoo equipment and was found guilty of the weapons possession charge. While the penalty imposed was reduced upon administrative appeal, the determination was otherwise upheld, and this CPLR article 78 proceeding ensued.

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