MATTER OF McCLOUGH v. FISCHER

517229.

118 A.D.3d 1228 (2014)

987 N.Y.S.2d 633

2014 NY Slip Op 4818

In the Matter of ERIC F. McCLOUGH, 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 26, 2014.


Petitioner, a prison inmate, was assigned to work in the facility commissary. After it was discovered that 35 packages of cigarettes were missing from the commissary, petitioner's cell was searched and 23 packages of cigarettes were found. Petitioner thereafter was charged in a misbehavior report with theft and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Upon administrative appeal, the charge of smuggling was dismissed and...

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