MATTER OF PEREZ v. FISCHER

512152.

89 A.D.3d 1310 (2011)

932 N.Y.S.2d 598

2011 NY Slip Op 8266

In the Matter of JESUS PEREZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided November 17, 2011.


Correction officials learned through a confidential source that petitioner had threatened another inmate with a homemade weapon in the shower area. As a result, petitioner was charged in a misbehavior report with making threats and possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior...

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