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MATTER OF LEWIS v. FISCHER

507040.

67 A.D.3d 1241 (2009)

888 N.Y.S.2d 444

2009 NY Slip Op 08557

In the Matter of ROBERT LEWIS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 19, 2009.

Following an investigation which indicated that petitioner had exchanged marihuana with his wife during a visit and had later exchanged marihuana with another inmate, petitioner was charged in a misbehavior report with smuggling and engaging in an unauthorized exchange. Following a tier III disciplinary hearing at which petitioner admitted to the unlawful exchange with another inmate, petitioner was found guilty of both charges...

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