Hynes v. Fischer

*1294Respondent initially concedes, and we agree, that the determination cannot be sustained insofar as petitioner was found guilty of providing unauthorized legal assistance. Because petitioner has not fully served that portion of the penalty barring him from serving as a representative upon the Inmate Grievance Resolution Committee for three years, we accordingly remit this matter so that respondent may reconsider the penalty imposed (see Matter of Hernandez v Smith, 52 AD3d 1134, 1134 [2008]).

Turning to the contraband charge, petitioner possessed the papers in question and, given proof that he…