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IN THE MATTER OF JAMES v. FISCHER

57 A.D.3d 1064 (2008)

867 N.Y.S.2d 710

In the Matter of STEVEN JAMES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

December 4, 2008.

Petitioner, a prison inmate, was charged in a misbehavior report with conspiring to introduce marihuana into the facility and soliciting another person to smuggle marihuana into the facility. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed with a modified penalty and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The determination of guilt is...

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