MATTER OF RUIZ v. FISCHER

509224.

78 A.D.3d 1358 (2010)

910 N.Y.S.2d 385

In the Matter of VINCENT A. Ruiz, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided November 10, 2010.


Petitioner, a prison inmate, was served with a misbehavior report charging him with possession of gang materials when, during security rounds, two notes were found in the area of his personal lockers that were believed to be gang related. Petitioner was found guilty after a tier III disciplinary hearing, and that determination was administratively affirmed, prompting this CPLR article 78 proceeding.

We confirm. The misbehavior report, along with petitioner's admission...

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