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MATTER OF WELCH v. FISCHER

517995.

121 A.D.3d 1139 (2014)

992 N.Y.S.2d 907

2014 NY Slip Op 06625

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

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

Decided October 2, 2014.

An investigation into a drug operation revealed that petitioner had conspired to bring marihuana and synthetic marihuana into the correctional facility. As a consequence, petitioner was charged in a misbehavior report with smuggling, possession of contraband and possession of drugs. Following a tier III disciplinary hearing, he was found guilty as charged and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

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