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MATTER OF AGUIRRE v. FISCHER

516496.

111 A.D.3d 1219 (2013)

975 N.Y.S.2d 814

2013 NY Slip Op 7911

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

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

Decided November 27, 2013.

After an anonymous note indicated that a weapon could be found in petitioner's cell, a search of his cell revealed a three-inch razor-type weapon taped to the underside of a desk. Petitioner was served with a misbehavior report charging him with possession of contraband. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and the determination was affirmed administratively. He thereafter commenced...

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