MATTER OF GUILLORY v. FISCHER

516334.

110 A.D.3d 1426 (2013)

973 N.Y.S.2d 894

2013 NY Slip Op 7113

In the Matter of PATRICK GUILLORY, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided October 31, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with smuggling and possessing an article where its use or possession is prohibited after a pat frisk revealed tobacco hidden in his shoe. Following a tier III disciplinary hearing, petitioner was found guilty as charged and the determination was affirmed upon administrative review with a reduced penalty. Petitioner commenced this CPLR article 78 proceeding challenging...

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