MATTER OF GRIFFIN v. PRACK

515749

110 A.D.3d 1287 (2013)

973 N.Y.S.2d 476

2013 NY Slip Op 6909

In the Matter of GERALD GRIFFIN, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided October 24, 2013.


Upon his transfer to Attica Correctional Facility from Upstate Correctional Facility, a search of petitioner's property revealed a metal rod with a cloth handle concealed in a box of rice. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and smuggling. At the conclusion of the tier III disciplinary hearing, petitioner was found guilty as charged, and that determination was affirmed upon administrative appeal...

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