MATTER OF DAVIS v. FISCHER


64 A.D.3d 847 (2009)

883 N.Y.S.2d 604

In the Matter of SAMUEL DAVIS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided July 2, 2009.


A correction officer discovered two large stones in a net bag belonging to petitioner. When petitioner failed to provide the officer with an explanation for his possession of the stones, he was charged in a misbehavior report with possessing a weapon, possessing contraband and possessing an unauthorized item. The following day, another correction officer found a number of items in petitioner's cell, including a white sock with a rock inside, an orange T-shirt and a hot pot...

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