MATTER OF DOUGLAS v. FISCHER

516762

115 A.D.3d 1103 (2014)

981 N.Y.S.2d 887

2014 NY Slip Op 1795

In the Matter of MARC DOUGLAS, Petitioner, 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.


Petitioner commenced this CPLR article 78 proceeding challenging a disciplinary determination finding him guilty of disobeying a direct order and failing to comply with frisk procedures. The misbehavior report relates that petitioner was observed with a small, white, balloon-type object in his mouth during a frisk and, when ordered to spit it out, petitioner swallowed it. Although no physical evidence was found after petitioner was placed on a two-day contraband watch, the...

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