MATTER OF LINARES v. FISCHER

517307.

119 A.D.3d 1300 (2014)

989 N.Y.S.2d 703

2014 NY Slip Op 05583

In the Matter of JORGE L. LINARES, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided July 31, 2014.


Correction officials discovered that petitioner received a package and had given some of its contents to another inmate. They found such items in the locker belonging to the other inmate and learned that the package had been sent to petitioner by the other inmate's mother. As a result, petitioner was charged in a misbehavior report with engaging in an unauthorized exchange, smuggling and violating package room procedures. He was found guilty of the charges following a tier...

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