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MATTER OF LAWS v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVICES & COMMUNITY SUPERVISION

522443.

144 A.D.3d 1290 (2016)

2016 NY Slip Op 07370

40 N.Y.S.3d 304

In the MATTER OF TERRY LAWS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND COMMUNITY SUPERVISION, Respondent.

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

Decided November 10, 2016.

Petitioner was charged in a misbehavior report with unauthorized exchange and possession of gang-related material after a correction officer observed petitioner pass something to a fellow inmate which, following a frisk of both inmates, proved to be informational materials regarding membership in a specified gang. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges and, other than a modification of the penalty imposed, that determination...

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