MATTER OF BURGOS v. PRACK

520172

129 A.D.3d 1434 (2015)

10 N.Y.S.3d 763

2015 NY Slip Op 05561

In the Matter of JOSE BURGOS, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 25, 2015.


While petitioner was confined in the special housing unit, his cell was searched and a sharpened piece of plexiglass was found in a jar of peanut butter located in a locker in the back of his cell. As a result, petitioner was charged in a misbehavior report with possessing a weapon and smuggling. Following a tier III disciplinary hearing, he was found guilty of possessing a weapon, but not guilty of smuggling. The determination was later affirmed on administrative appeal...

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