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MATTER OF MULLER v. FISCHER

519099.

125 A.D.3d 1034 (2015)

1 N.Y.S.3d 585

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

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

Decided February 5, 2015.

After a discarded tissue containing 18.4 grams of marihuana was discovered under a vending machine in the visiting room area, petitioner was charged in a misbehavior report with conspiring to introduce drugs into the correctional facility, smuggling and violating visiting room procedures. According to the misbehavior report, the drugs were linked to petitioner as the result of an ongoing investigation based upon confidential information. Following a tier III disciplinary...

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