IN THE MATTER OF GONZALEZ v. FISCHER

503589.

2008 NY Slip Op 06403

IN THE MATTER OF ROMUALDO GONZALEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided and Entered: July 24, 2008.


Attorney(s) appearing for the Case

Romualdo Gonzalez, Auburn, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Spain, Carpinello, Kane and Malone Jr., JJ.


MEMORANDUM AND JUDGMENT

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 and had...

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