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MATTER OF BROWN v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

521510.

139 A.D.3d 1214 (2016)

29 N.Y.S.3d 830

2016 NY Slip Op 03784

In the Matter of ROHAN BROWN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided May 12, 2016.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possessing contraband not authorized by the superintendent, possessing an authorized item that has been altered and tampering with an electrical device. Initially, respondents concede, and we agree, that the misbehavior report did not provide petitioner with adequate notice with regard to the charges of possessing an authorized item that has been altered and tampering with...

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