MATTER OF ROBERTSON v. FISCHER


70 A.D.3d 1081 (2010)

892 N.Y.S.2d 921

In the Matter of JOHN ANTHONY ROBERTSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 4, 2010.


After a frisk of petitioner's prison cell revealed a plexiglas shank secreted under the toilet, he was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was administratively affirmed. He thereafter commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the correction officers who frisked petitioner's cell, supporting documentation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases