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IN THE MATTER OF JIMENEZ v. FISCHER

56 A.D.3d 924 (2008)

867 N.Y.S.2d 561

In the Matter of THOMAS JIMENEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

November 13, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Spain, J.

Petitioner, an inmate, was charged in a misbehavior report with conspiring to introduce controlled substances into a correctional facility, smuggling, engaging in three...

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