MATTER OF GUTIERREZ v. FISCHER

589 TP 12-02389.

107 A.D.3d 1463 (2013)

968 N.Y.S.2d 817

2013 NY Slip Op 4190

In the Matter of OMAN GUTIERREZ, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided June 7, 2013.


It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: In this CPLR article 78 proceeding, which was transferred to this Court pursuant to CPLR 7804 (g), petitioner seeks review of respondent's determination directing that he be placed in administrative segregation. Contrary to petitioner's contention, substantial evidence supports the determination that petitioner's presence in the general population...

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