MATTER OF AYALA v. FISCHER

512970.

94 A.D.3d 1319 (2012)

942 N.Y.S.2d 692

2012 NY Slip Op 2932

In the Matter of JONATHAN AYALA, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 19, 2012.


During a search of a locker in petitioner's cell, a correction officer found, among other things, items containing phrases and symbols associated with an illegal gang. Consequently, petitioner was charged in a misbehavior report with possessing gang-related material. At the conclusion of a tier III disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding followed.

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