MATTER OF WHITE v. STATE

514242.

102 A.D.3d 1042 (2013)

957 N.Y.S.2d 920

2013 NY Slip Op 372

In the Matter of WILLIS L. WHITE, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided January 24, 2013.


Petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item after a search of his cell uncovered a sharpened half of a pair of tweezers with clear tape for a handle and an altered hot plate. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and a penalty was imposed. The determination was upheld on administrative appeal, after which petitioner commenced this CPLR article 78 proceeding challenging...

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