MATTER OF TURNER v. FISCHER

2010-08088.

95 A.D.3d 1026 (2012)

943 N.Y.S.2d 755

2012 NY Slip Op 3654

In the Matter of CEDRIC TURNER, Petitioner, v. BRIAN FISCHER, Commissioner of Department of Correctional Services, Respondent.

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

Decided May 8, 2012.


Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

The possibility that "the weapon [in question] could have been placed in the [petitioner's cell] door track by another inmate" (Matter of Jimenez v Fischer, 87 A.D.3d 771, 771 [2011]) did not negate the existence of substantial evidence to support the determination that the petitioner...

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