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MATTER OF REESE v. FISCHER

518198

120 A.D.3d 1496 (2014)

992 N.Y.S.2d 450

2014 NY Slip Op 06229

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

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

Decided September 18, 2014.

Petitioner was charged in a misbehavior report with possession of drugs, smuggling and violating facility package procedures after a package addressed to him was found to contain marihuana concealed in 19 candy bars. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Petitioner's administrative appeal was unsuccessful, prompting this CPLR article 78 proceeding.

We confirm. The misbehavior...

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