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GIANO v. PRACK

514635.

105 A.D.3d 1228 (2013)

962 N.Y.S.2d 817

2013 NY Slip Op 2621

In the Matter of JULIO GIANO, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided April 18, 2013.

Following petitioner's Family Reunion Program (hereinafter FRP) visit with his father and sister, it was discovered that a razor brought into the facility by petitioner's father was missing. A frisk of the garbage bag taken from the FRP unit was then performed, whereupon the broken razor was located, as well as an empty "mini bottle" of whiskey found wrapped in a napkin and concealed inside a box of noodles. Petitioner was charged in a misbehavior report with violating the...

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