MATTER OF MATTHEWS v. FISCHER

515976.

109 A.D.3d 1038 (2013)

971 N.Y.S.2d 367

2013 NY Slip Op 5946

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

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

Decided September 19, 2013.


During a search of petitioner's cell, a correction officer found a number of prohibited items, including a pair of tweezers that had sharpened ends. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing contraband, possessing an article in a prohibited area and possessing an altered item. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal...

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