MATTER OF JIMENEZ v. FISCHER

511185.

87 A.D.3d 771 (2011)

927 N.Y.S.2d 804

2011 NY Slip Op 6160

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

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

Decided August 4, 2011.


During an inspection of petitioner's cell door track, a correction officer discovered a sharpened, flat piece of metal with a plastic handle. Petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Even if, as petitioner contends, the area in which the weapon was...

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