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MATTER OF GARCIA v. GARNER

518521

122 A.D.3d 988 (2014)

995 N.Y.S.2d 829

2014 NY Slip Op 07550

In the Matter of EDWIN GARCIA, Petitioner, v. LIEUTENANT GARNER, as Hearing Officer, et al., Respondents.

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

Decided November 6, 2014.

Contraband and altered items were found during a random search of petitioner's cell. Petitioner was accordingly charged in a misbehavior report with possessing contraband, possessing altered items and possessing an authorized item in an unauthorized area. He was found guilty as charged following a tier II disciplinary hearing, and that determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued....

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