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MATTER OF JOHNSON v. FISCHER

516203.

109 A.D.3d 1070 (2013)

971 N.Y.S.2d 590

2013 NY Slip Op 6056

In the MATTER OF LEE JOHNSON, 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 26, 2013.

Petitioner, a prison inmate, was charged in a misbehavior report with possessing a weapon, possessing an altered item, unauthorized exchange and improper use of a mess hall utensil after a search of the locker in his cell produced a sharpened mess hall fork, a pair of hair clippers belonging to a different inmate and a mess hall spoon. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to the charges of unauthorized exchange and improper use of a mess...

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