MATTER OF BONNEMERE v. FISCHER

515177

110 A.D.3d 1281 (2013)

973 N.Y.S.2d 474

2013 NY Slip Op 6905

In the Matter of DAMON BONNEMERE, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided October 24, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with possession of a weapon, possession of alcohol and possession of a prohibited item. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to possession of a prohibited item, was found not guilty of possession of a weapon and was found guilty of the remaining charge of possession of alcohol. Petitioner thereafter commenced this CPLR article 78 proceeding solely challenging the determination...

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