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MATTER OF GONZALEZ v. FISCHER

53 A.D.3d 945 (2008)

861 N.Y.S.2d 525

In the Matter of ROMUALDO GONZALEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 24, 2008.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possession of a weapon. We now confirm.

The determination of guilt is supported by substantial evidence including the misbehavior report and related documentation, which established that a search of petitioner's cell recovered a round metal weapon that had been sharpened to a point...

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