MATTER OF CANTY v. FISCHER

512369.

92 A.D.3d 1055 (2012)

939 N.Y.S.2d 142

2012 NY Slip Op 880

In the Matter of MOSHE CINQUE CANTY, Also Known as MOSHE CINQUE OWUSU SANKOFA OLUGBALA, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 9, 2012.


During a search of petitioner's cell, correction officials found a document written by petitioner containing gang-related references that was hidden inside a Bible. As a result, he was charged in a misbehavior report with possessing gang-related materials. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding, raising only procedural...

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