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MATTER OF FAULKS v. FISCHER

519188

126 A.D.3d 1197 (2015)

3 N.Y.S.3d 634

2015 NY Slip Op 02163

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

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

Decided March 19, 2015.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possessing alcohol. The misbehavior report relates that petitioner appeared to be intoxicated — acting in an animated manner, talking loudly and slurring his speech — and, upon smelling an empty orange juice bottle recovered from petitioner's cell, the reporting correction officer detected...

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