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MATTER OF PINE v. FISCHER

517054.

118 A.D.3d 1196 (2014)

988 N.Y.S.2d 283

2014 NY Slip Op 4538

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

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

Decided June 19, 2014.

During a search of petitioner's cell, correction officials recovered an item that appeared to be two screws welded together attached to a hex head, as well as an unlabeled pill bottle containing 23 unidentified pills. As a result, he was charged in a misbehavior report with possessing an unauthorized tool, possessing unauthorized medication and possessing an altered item. Following a tier II disciplinary hearing, petitioner was found guilty of the first and second charges...

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