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MATTER OF JAY v. FISCHER

517227

120 A.D.3d 1466 (2014)

991 N.Y.S.2d 908

2014 NY Slip Op 06123

In the Matter of NATHANIEL JAY, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided September 11, 2014.

Petitioner was charged in a misbehavior report with violating various prison disciplinary rules after a search of his prison cell disclosed, among other things, gang-related items. He was found guilty of possessing gang-related material following a tier III disciplinary hearing, and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report and hearing testimony, including that of a prison official...

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