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MATTER OF HAND v. GARDNER

516839

114 A.D.3d 988 (2014)

979 N.Y.S.2d 868

2014 NY Slip Op 718

In the Matter of AARON HAND, Appellant, v. GERALD GARDNER, as Hearing Officer at Shawangunk Correctional Facility, Respondent.

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

Decided February 6, 2014.

Following a prison disciplinary hearing, petitioner was found guilty of possession of an altered item after he was observed pulling a green drag line, appearing to have been fashioned from the fibers of a winter hat, up to his cell with a newspaper attached. The determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding. Supreme Court dismissed the petition and this appeal...

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