MATTER OF FERRER v. PRACK

515116.

107 A.D.3d 1254 (2013)

966 N.Y.S.2d 923

2013 NY Slip Op 4643

In the Matter of ANTHONY FERRER, 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 June 20, 2013.


After confidential information prompted a frisk of petitioner, which revealed a glove tip containing an unidentified white powdery substance in petitioner's pants pocket, he was charged in a misbehavior report with smuggling and possession of contraband. Following a disciplinary hearing, petitioner was found guilty of both charges and the determination thereafter was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Contrary to petitioner...

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