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IN THE MATTER OF MOBLEY v. DUBRAY

57 A.D.3d 1055 (2008)

868 N.Y.S.2d 386

In the Matter of COREY MOBLEY, Petitioner, v. KEITH DUBRAY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

December 4, 2008.

A frisk search of petitioner recovered an 8¼-inch sharpened metal rod in his right sneaker. As a result, petitioner was charged in a misbehavior report with smuggling and possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. To the extent that petitioner challenges...

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