MATTER OF SWEEPER v. FISCHER

514163.

107 A.D.3d 1180 (2013)

966 N.Y.S.2d 693

2013 NY Slip Op 4383

In the Matter of BRUCE SWEEPER, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided June 13, 2013.


When a correction officer discovered that petitioner had an altered hot pot, it was confiscated. As a result, a tier I disciplinary hearing was conducted and petitioner was found guilty of possessing an altered item. The Hearing Officer imposed a disciplinary penalty of 13 days loss of recreation as well as the loss of one commissary buy. Petitioner's privilege of possessing a hot pot was thereafter revoked due to the disciplinary violation. He filed a grievance challenging...

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