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MATTER OF GRESSLER v. FISCHER

515220.

108 A.D.3d 895 (2013)

968 N.Y.S.2d 411

2013 NY Slip Op 5261

In the Matter of CHARLES J. GRESSLER, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided July 11, 2013.

During a search of petitioner's cell, a correction officer found a folded can lid located in petitioner's large locker. As a result, he was charged in a misbehavior report with possessing a weapon and possessing an authorized item in an unauthorized area. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was later affirmed on administrative appeal and this CPLR article 78 proceeding...

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