MATTER OF GOMEZ v. FISCHER

513952.

101 A.D.3d 1195 (2012)

955 N.Y.S.2d 671

2012 NY Slip Op 8374

In the Matter of EDDIE GOMEZ, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

December 6, 2012.


After a sharp, folded piece of metal was found during a search of petitioner's cell, he was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the possession of a weapon. He was found guilty as charged following a tier III disciplinary hearing, and that determination was affirmed upon administrative appeal. Petitioner also filed numerous requests pursuant to the Freedom of Information Law (see Public Officers Law art 6 [hereinafter...

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