IN THE MATTER OF GIBSON v. FISCHER


54 A.D.3d 1086 (2008)

864 N.Y.S.2d 183

In the Matter of JOHNATHAN GIBSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents

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

September 11, 2008.


As the result of an investigation into a telephone call that petitioner made to his wife, petitioner was charged in a misbehavior report with smuggling, drug possession, violating visiting room procedures and making unauthorized calls. He was found guilty of the charges following a tier III disciplinary hearing and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

Upon reviewing the record, we do not find that substantial...

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