MATTER OF FRAGOSA v. MILLER

512977.

95 A.D.3d 1524 (2012)

943 N.Y.S.2d 918

2012 NY Slip Op 3909

In the Matter of ANTHONY FRAGOSA, Petitioner, v. J. MILLER, as Hearing Officer, Clinton Correctional Facility, Respondent.

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

Decided May 17, 2012.


During a search of petitioner's cell, a correction officer found a piece of metal, approximately 2¼ inches long, sharpened on one end. As a result, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty of the charge following a tier III disciplinary hearing, and the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases