MATTER OF AMATO v. FISCHER

516717

115 A.D.3d 1100 (2014)

982 N.Y.S.2d 196

2014 NY Slip Op 1793

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

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

Decided March 20, 2014.


After detecting an odor emanating from petitioner's cell, a correction officer recovered a container of liquid that tested positive for alcohol. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting inmates from possessing alcohol. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. Thereafter, petitioner commenced this CPLR...

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