MATTER OF BETHUNE v. FISCHER

515817.

108 A.D.3d 966 (2013)

968 N.Y.S.2d 813

2013 NY Slip Op 5363

In the Matter of DWAYNE BETHUNE, 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 18, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with smuggling, possessing an altered authorized item and possession of an authorized item in an unauthorized area. According to the report, petitioner, while assigned to a "Lawns and Grounds crew," used a hidden "altered radio and an altered cassette player to record bootleg tapes of music from the radio" onto cassette tapes which he then smuggled back into the facility. Following a tier III disciplinary hearing...

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