MATTER OF ORTIZ v. FISCHER

512083.

91 A.D.3d 1006 (2012)

935 N.Y.S.2d 914

2012 NY Slip Op 74

In the Matter of ENRIQUE ORTIZ, 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 January 5, 2012.


During a search of petitioner's cell, disbursement forms containing gang-related insignia and an article about a gang were recovered from petitioner's cell. As a result, he was charged in a misbehavior report with possessing gang-related materials. 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.

We confirm. The misbehavior report...

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