MATTER OF QUEZADA v. FISCHER

510748.

85 A.D.3d 1462 (2011)

925 N.Y.S.2d 726

2011 NY Slip Op 5382

In the Matter of JOSE QUEZADA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 23, 2011.


During a search of petitioner's cell, an ice pick-type instrument was found secreted in a green knit hat. As a result, petitioner was charged in a misbehavior report with possessing a weapon. He was found guilty of the charge following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of the correction officers involved...

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