MADDOX v. FISCHER

514678.

105 A.D.3d 1230 (2013)

962 N.Y.S.2d 821

2013 NY Slip Op 2624

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

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

Decided April 18, 2013.


After food was discovered hidden among cardboard that petitioner had removed from the commissary, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting smuggling, theft of state property, and the possession of both contraband and stolen property. Following a tier III disciplinary hearing, he was found guilty as charged. Petitioner's administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.

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