MATTER OF FISH v. BURGE


52 A.D.3d 1141 (2008)

862 N.Y.S.2d 391

In the Matter of MARK FISH, Petitioner, v. JOHN BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided June 26, 2008.


After two small wires that were concealed with glue were found running along the floor and into petitioner's prison cell, he was charged in a misbehavior report with possession of an item in a prohibited area, possession of an unauthorized item and misuse of state property. A tier II disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges. That determination was administratively affirmed, prompting this CPLR article 78 proceeding...

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