LINER v. FISCHER


56 A.D.3d 1088 (2008)

In the Matter of JOSHUA LINER, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

November 26, 2008.


After a search of petitioner's prison cell recovered a sharpened nail, he was charged in a misbehavior report with possession of a weapon. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty as charged. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding. Following joinder of issue, Supreme Court dismissed the petition. Petitioner now appeals.

We affirm. Regarding...

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