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FISHER v. FISCHER

514747.

105 A.D.3d 1286 (2013)

963 N.Y.S.2d 606

2013 NY Slip Op 2797

In the Matter of JAMES FISHER, 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 25, 2013.

During a search of petitioner's cube, which he did not share with other inmates, a correction officer found a homemade shank taped to the underside of petitioner's bed. As a result, he was charged in a misbehavior report with possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report...

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