MATTER OF CARTER v. FISCHER

517238.

117 A.D.3d 1262 (2014)

984 N.Y.S.2d 896

2014 NY Slip Op 3570

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

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

Decided May 15, 2014.


Following a six-month investigation, petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit unauthorized exchange, drug possession, smuggling, stealing and extortion. Following a tier III disciplinary hearing, petitioner was found guilty of unauthorized exchange, drug possession and smuggling and not guilty of the remaining charges. Petitioner's administrative appeal was unsuccessful, prompting this CLR article 78 proceeding...

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